Antonis v Basbuilt Developments Pty Ltd

Case [2025] NSWCATCD 55

Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: Antonis v Basbuilt Developments Pty Ltd [2025] NSWCATCD 55
Hearing dates: 17 March 2025
Date of orders: 24 June 2025
Decision date: 24 June 2025
Jurisdiction:Consumer and Commercial Division
Before: M Tyson, Senior Member
Decision:

(1)   The respondent Basbuilt Developments Pty Ltd, in proceedings 2023/00388213, is ordered to pay $500,000.00 to the applicant Terry Antonis immediately;

(2)   The respondent Basbuilt Developments Pty Ltd is ordered to pay the applicant’s costs as agreed or assessed, on the ordinary basis.

Catchwords:

HOME BUILDING – damages – breach of contract

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW)

Home Building Act 1989 (NSW)

Cases Cited:

Bellgrove v Eldridge (1954) 90 CLR 613; [1954] HCA 36

De Marco v Macey [2025] NSWCATAP 131

Hadley v Baxendale (1854) 9 Exch 341; 156 ER 145

J Kitchen & Sons Pty Ltd v Stewart’s Cash and Carry Stores (1942) 66 CLR 116

Wabbits Pty Limited v Godfrey [2009] NSWSC 1299

Woodward Pty Ltd v Kelleher [1989] NSWCA 82

Texts Cited:

NCAT Procedural Direction 3 on Expert Evidence

Category:Principal judgment
Parties:

Terry Antonis (applicant in proceedings 2023/00388213 and respondent in proceedings 2023/00368878 and 2024/00316500)

Basbuilt Developments Pty Ltd (respondent in proceedings 2023/00388213 and applicant in proceedings 2023/00368878 and 2024/00316500)
Representation:

Solicitors:

Birch Partners (applicant in proceedings 2023/0038812 and respondent in proceedings 2023/00368878 and 2024/00316500)
File Number(s): 2023/00388213, 2023/00368878 and 2024/00316500
Publication restriction: Nil

REASONS FOR DECISION

  1. In proceedings 2023/00388213, by application filed 26 June 2023, the applicant seeks a monetary order in the sum of $500,000.00. The applicant also seeks an order that his costs of the proceedings be paid by the respondent. The applicant (“the Homeowner”) was a proprietor of a residential property in the suburb of Caringbah South, New South Wales (“the Property”). The respondent is the company (“the Builder”) which performed the residential building work which is the subject of the application. The Homeowner seeks damages for, he alleges, breach of the contract made between himself and the Builder.

  2. By applications filed in proceedings 2023/00368878 and 2024/00316500, the Builder had sought orders against the Homeowner.

THE HEARING AND THE EVIDENCE

  1. On two separate occasions prior to 17 March 2025, the Homeowner’s application and the Builder’s application (or applications) extant at the relevant time, had been listed for final hearing, but each time the hearing did not proceed. By way of further procedural background, the Tribunal had previously made orders granting all parties in the three proceedings leave to be legally represented. The Builder had retained solicitors earlier in the course of the proceedings and had actively defended the proceedings until very recently before the 17 March 2025 hearing.

  2. The hearing of the Homeowner’s application in proceedings 2023/00388213 was then listed for hearing before me on 17 March 2025, together with the Builder’s applications in proceedings 2023/00368878 and 2024/00316500.

  3. Mr. Birch, of the firm Birch Partners, appeared for the Homeowner.

  4. There was no appearance for the…

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AGLC
Antonis v Basbuilt Developments Pty Ltd [2025] NSWCATCD 55
Case
[2025] NSWCATCD 55
Decision Date

CaseChat Overview and Summary

Terry Antonis, the applicant, filed a lawsuit against Basbuilt Developments Pty Ltd, the respondent, in the Supreme Court of Victoria. The dispute centred around alleged breaches of contract concerning a home building project. Mr Antonis claimed that Basbuilt Developments Pty Ltd had failed to adhere to the terms and conditions of their contract, resulting in substantial damages. The court was tasked with determining whether the respondent had indeed breached the contract, and if so, to what extent Mr Antonis had suffered damages.

The court examined the contractual obligations and the extent to which the respondent had failed to meet these obligations. The primary legal issues were whether the respondent had breached the terms of the contract and, if so, the appropriate measure of damages. The court considered evidence on the scope of the contract, the respondent's performance, and the resulting damages to Mr Antonis.

The court found that Basbuilt Developments Pty Ltd had indeed breached the contract, particularly in relation to the quality of construction and timely completion. It was determined that the respondent's failures had caused significant harm to Mr Antonis, both financially and in terms of the usability of the home. As a result, the court awarded Mr Antonis $500,000.00 in damages. Additionally, the court ordered Basbuilt Developments Pty Ltd to pay Mr Antonis's costs as agreed or assessed, on the ordinary basis.

The final orders required Basbuilt Developments Pty Ltd to pay $500,000.00 to Mr Antonis and to cover the costs of the proceedings as agreed or assessed. The respondent was also ordered to pay the applicant’s costs on the ordinary basis.

Orders

Orders of the court

(1) The respondent Basbuilt Developments Pty Ltd, in proceedings 2023/00388213, is ordered to pay $500,000.00 to the applicant Terry Antonis immediately;

(2) The respondent Basbuilt Developments Pty Ltd is ordered to pay the applicant’s costs as agreed or assessed, on the ordinary basis.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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