Chouhan v Morrison Homes Pty Ltd

[2021] NSWCATCD 155

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Chouhan v Morrison Homes Pty Ltd [2021] NSWCATCD 155

Hearing dates:

6 September 2021

Date of orders:

31 December 2021

Decision date:

31 December 2021

Jurisdiction:

Consumer and Commercial Division

Before:

D Goldstein, Senior Member

Decision:

1. Morrison Homes Pty Ltd must pay Preet Chouhan and Harjinder Chouhan $1,500.00 immediately.

2. Not later than 28 February 2022, Morrison Homes Pty Ltd must carry out the work referred to in [143] of the Reasons in accordance with the requirements of that paragraph.

3. Preet Chouhan and Harjinder Chouhan have leave to renew these proceedings if Morrison Homes Pty Ltd has not complied with order 2 by the time stated in that order.

4. In the event that a party wishes to bring a costs application, the costs application must be lodged in the Tribunal and served on the costs respondent within 14 days of the date of the orders in these proceedings either attaching or referring to the documents relied upon in support of the application.

5. The costs respondent will have 14 days after the date it or he receives the application to lodge in the Tribunal and serve on the costs applicant his or its submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon.

6. The parties must state in their submissions whether or not they consent to the costs application being determined on the basis of the parties written submissions and attached documents, if any, without the need for a hearing.

7. Subject to the parties’ submissions, the Tribunal will determine any costs application on the basis of the papers lodged in the Tribunal.

Catchwords:

BUILDING and CONSTRUCTION – Defects – Expert evidence

Legislation Cited:

Home Building Act 1989 (NSW)

Cases Cited:

Deacon v National Strategic Constructions Pty Ltd; National Strategic Constructions Pty Ltd v Deacon [2017] NSWCATAP 185

Hislop v Jakanda Pty Limited [2019] NSWCATCD

MacFayden and Anor v G Tadrosse [2014] NSWCATCD 194

Texts Cited:

Nil

Category:

Principal judgment

Parties:

Preet Chouhan (First Applicant)
Harjinder Chouhan (Second Applicant)
Morrison Homes Pty Ltd (Respondent)

Representation:

First Applicant (Self-represented)
Second Applicant (Self-represented)
Respondent (Self-represented)

File Number(s):

HB 21/12297

Publication restriction:

Nil

REASONS FOR DECISION

1. These proceedings arise as a consequence of work done by the respondent for the applicants under a HIA NSW Residential Building Contract for New Dwellings signed by the parties on 7 March 2018. The respondent’s expert states that the owners took possession of the residence constructed by the respondent on 20 December 2019.

2. In these reasons I will refer to the applicants as the owners and to the respondent as the builder.

3. There was no submission made that the Tribunal did not possess the necessary jurisdiction to hear and determine these proceedings pursuant to the Home Building Act 1989 (‘the Act). These proceedings were brought in sufficient time for all defects alleged by the owners to be considered and determined by the Tribunal.