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Australia Case Law

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Civil and administrative tribunal

Feat Active Pty Ltd t/a AW Design Build v Tellett

The Appeal Panel dismissed an internal appeal in a home building dispute, refusing leave on non-law grounds and upholding findings of statutory warranty breach.

  • Statutory warranties
  • Waterproofing defects
  • Causation
  • Procedural fairness
  • Leave to appeal
  • Question of law
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Home building

Elmaadawy v Decent Designs Pty Ltd

Elmaadawy v Decent Designs Pty Ltd [2025] NSWCATAP 45

The Appeal Panel dismissed an appeal in a home building dispute, rejecting claims of procedural unfairness and legal error, and also dismissed a second stay application as abuse of process.

  • Appeal
  • Procedural fairness
  • Contract enforcement
  • Evidence
  • Costs
  • Stay of proceedings
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Home building

Champion Home Sales Pty Ltd v Voulgaris

Champion Home Sales Pty Ltd v Voulgaris [2024] NSWCATAP 244

The Appeal Panel dismissed a builder’s appeal, holding that home-building insurance provisions barred recovery and that preparatory site work could be residential building work.

  • Residential building contracts
  • Home warranty insurance
  • Liquidated damages
  • Contract enforceability
  • Costs and calderbank offers
  • Home-building-law
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Administrative law

Tang v Secretary, Department of Customer Service

The Tribunal affirmed refusal of a licence variation after finding the applicant could not verify the qualifications relied on for an endorsed building licence.

  • Application to vary contractor licence
  • Qualification requirements
  • Unverified training qualifications
  • Internal review
  • Extension of time
  • Occupational-licensing
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Administrative law

Marriott v Secretary of the Department of Customer Service

Marriott v Secretary of the Department of Customer Service [2024] NSWCATOD 169

The Tribunal affirmed refusal of an individual contractor licence because the applicant did not prove the required general building experience under the binding HBA Instrument.

  • Contractor licences
  • Home building act experience requirements
  • Application of statutory instruments
  • Administrative-law
  • Home-building
  • Contractor-licensing
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Administrative law

Tang v Secretary, Department of Customer Service

Tang v Secretary, Department of Customer Service [2024] NSWCATOD 168

The Tribunal affirmed refusal of a builder licence variation because the applicant’s claimed qualifications could not be verified from the closed training provider’s records.

  • Licensing
  • Qualification requirements
  • Occupational regulation
  • Review of administrative decision
  • Administrative-law
  • Home-building
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Costs

Jones v Mega Awesome Kapow Constructions Pty Ltd (No. 2)

Jones v Mega Awesome Kapow Constructions Pty Ltd (No. 2) [2024] NSWCATAP 184

Appeal Panel costs decision following a builder dispute: one appeal costs order was awarded on an indemnity basis, and the original costs order was set aside and replaced.

  • Calderbank offers
  • Indemnity costs
  • Quantum meruit
  • Apportionment of costs
  • Calderbank-offers
  • Indemnity-costs
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Home building

Chahrouk v Bardouh

Chahrouk v Bardouh [2024] NSWCATAP 181

The Appeal Panel refused leave to appeal and dismissed the appeal in a Home Building Act dispute, holding that no clear injustice or appealable error was shown.

  • Statutory warranties
  • Major defects
  • Appeals
  • Leave to appeal
  • Owner-builder rights
  • Quantum of damages
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Administrative law

Hassanain v Commissioner for Fair Trading

Hassanain v Commissioner for Fair Trading [2024] NSWCATAD 220

The Tribunal affirmed the refusal of an individual contractor licence, finding the applicant’s relevant experience was not gained as an employee of a licensed general building work holder.

  • Contractor licensing
  • Experience requirements
  • Administrative decisions
  • Employment relationship in licensing
  • Contractor-licensing
  • Experience-requirements
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Administrative law

Yu v Commissioner for Fair Trading

Yu v Commissioner for Fair Trading [2024] NSWCATOD 61

The Tribunal affirmed refusal of an individual contractor licence because the applicant did not prove two years’ relevant experience in a wide range of residential building work.

  • Contractor licensing
  • Experience requirements
  • Home building act 1989 (nsw)
  • Application of instrument
  • Residential versus commercial building experience
  • Contractor-licensing
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.