Cuaresma v Delta Constructions Australia Pty Ltd and Nasr

The applicant, Cecilia Cuaresma, brought an application before the Civil and Administrative Tribunal seeking compensation from the first respondent, Delta Constructions Australia Pty Ltd, and the second respondent, Nasr, for defective residential building work. The dispute arose from a contract between Ms Cuaresma and Delta Constructions for the construction of a residential building. Ms Cuaresma alleged that the work was defective and that both respondents were liable for the defects. Delta Constructions denied liability, asserting that the defects were not its responsibility, and that any liability should be borne by the second respondent, Nasr, who was alleged to have acted as an agent with apparent or ostensible authority.

The primary legal issue before the court was whether the first respondent, Delta Constructions, and/or the second respondent, Nasr, were liable for the defects in the residential building work. The court had to determine whether Delta Constructions was liable for the defects, and if not, whether Nasr, as an agent with apparent or ostensible authority, was liable. The court also had to consider whether Delta Constructions could be held responsible for the actions of Nasr if he was acting within the scope of his apparent or ostensible authority.

The court found that Delta Constructions was liable for the defects in the residential building work, as it had failed to carry out the work in a good and workmanlike manner. The court determined that Delta Constructions could not rely on the defence of agency or apparent authority as it had not demonstrated that Nasr was acting within the scope of his authority. The court held that Delta Constructions was liable for the defects and ordered it to pay Ms Cuaresma the sum of $212,286.00. The court dismissed the application against the second respondent, Nasr, as it found that there was insufficient evidence to establish that he was acting as an agent with apparent or ostensible authority. The court also granted leave to the parties to file and serve written submissions on the issue of costs.

The court ordered that Delta Constructions pay Ms Cuaresma $212,286.00 on or before 31 August 2017. The court granted leave to the parties to file and serve written submissions on the issue of costs, with each party having 21 days to file a submission and a further 21 days for the other party to file a reply. The court directed that each submission should address whether the Tribunal should dispense with a hearing on costs pursuant to the provisions of the Civil and Administrative Tribunal Act 2013 s 50(2). The court dismissed the application against the second respondent, Nasr.