Civil and Administrative Tribunal
New South Wales
- Amendment notes
Medium Neutral Citation: Harding v Horticultural Holdings Pty Ltd [2022] NSWCATCD 22 Hearing dates: 20 January 2022 Date of orders: 31 January 2022 Decision date: 31 January 2022 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: 1. The respondent is to pay the applicants $84,340.87 immediately.
2. Any documents and/or submissions upon which the applicants wish to rely in relation to costs are to be provided to the Tribunal and the respondent on or before 14 February 2022.
3. Any documents and/or submissions upon which the respondent wishes to rely in response are to be provided to the Tribunal and the applicants on or before 28 February 2022.
4. Any submissions from the applicants in reply are to be provided to the Tribunal and the respondent on or before 14 March 2022.
5. Leave is granted for any such submissions to be provided electronically to the other party and the Tribunal.
6. Any such submissions are to indicate whether it is agreed that the Tribunal should dispense with a hearing on the question of costs.
Catchwords: BUILDING AND CONSTRUCTION - Defective work - Repair or replacement - Work order or money order
Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW)
Civil and Administrative Tribunal Rules 2014 (NSW)
Home Building Act 1989 (NSW)
Cases Cited: Bellgrove v Eldridge [1954] HCA 36
Brooks v Gannon Constructions Pty Limited [2017] NSWCATCD 12
Galdona v Peacock [2017] NSWCATAP 64
Hadley v Baxendale (1854) 9 Ex 341
Haines v Bendall [1991] HCA 15
Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP 23
Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305
Texts Cited: Nil
Category: Principal judgment Parties: Michael Harding (First Applicant)
Polly Harding (Second Applicant)
Horticultural Holdings Pty Ltd (Respondent)Representation: First Applicant (Self-represented)
Second Applicant (Self-represented)
Mr and Mrs Dwyer (Respondent)
File Number(s): HB 21/25869 Publication restriction: Nil
REASONS FOR DECISION
Outline
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The applicants (the Owners) commenced proceedings against the respondent (the Builder), claiming damages and costs based on allegations of defective building work in relation to the supply and installation of a kitchen at their home in Newport.
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Having considered the evidence and submissions, the Tribunal was satisfied that there was defective work, that removal and replacement was warranted, and that a money order rather than a work order should be made. As a result, the Tribunal determined that the Builder should pay the Owners $84,340.87.
History of the proceedings
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After the application was lodged on 10 June 2021, a directions hearing was held on 29 July 2021. On that occasion, directions were made for the provision of the documents upon which the parties wished to rely at the hearing and on 1 September 2021 an extension of time was granted for the provision of those documents. On 3 December 2021 an application for the 20 January 2022 hearing to…
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- Case
- [2022] NSWCATCD 22
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1. The respondent is to pay the applicants $84,340.87 immediately.
2. Any documents and/or submissions upon which the applicants wish to rely in relation to costs are to be provided to the Tribunal and the respondent on or before 14 February 2022.
3. Any documents and/or submissions upon which the respondent wishes to rely in response are to be provided to the Tribunal and the applicants on or before 28 February 2022.
4. Any submissions from the applicants in reply are to be provided to the Tribunal and the respondent on or before 14 March 2022.
5. Leave is granted for any such submissions to be provided electronically to the other party and the Tribunal.
6. Any such submissions are to indicate whether it is agreed that the Tribunal should dispense with a hearing on the question of costs.
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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