Jones v Gujjar Construction Pty Ltd - [2025] NSWCATCD 26

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: Jones v Gujjar Construction Pty Ltd [2025] NSWCATCD 26
Hearing dates: 4 February 2025
Submissions 11 February 2025, 14 March 2025 and 26 March 2025
Date of orders: 01 May 2025
Decision date: 01 May 2025
Jurisdiction: Consumer and Commercial Division
Before: R. Alkadamani, Senior Member
Decision:
(1)   Dismiss the respondent’s Adjournment Request filed 3 February 2025.
(2)   Grant leave for the respondent to be legally represented by Mofazzal Haque Kazi of Kazi & Associates, solicitors.
(3)   Order that Luke Matthew Jones be joined as the second applicant.
(4)   Grant leave for the applicants to be legally represented by Benjamin Barrak of Barrak Lawyers.
(5)   Extend the time for the respondent to file submissions in reply to 26 March 2025.
(6)   Vacate orders 1 and 2 of the orders dated 8 July 2024.
(7)   Order the respondent to pay the applicants $135,608.88 within 14 days.
(8) Order pursuant to pursuant to s 48O(1)(c)(ii) of the Home Building Act 1989 (NSW) that that the respondent deliver to the applicants any of the certificates or documents referred to in paragraph [141] of these reasons to the extent that those certificates or documents are in the possession of the builder and are referrable to work for which the applicants have paid the builder.
(9) Order pursuant to pursuant to s 48O(1)(c)(ii) of the Home Building Act 1989 (NSW) that that the respondent deliver to the applicants any warranties or items referred to in paragraph [143] of these reasons to the extent that those warranties or items are in the possession of the builder and are referrable to work for which the applicants have paid the builder.
(10) Order the respondent to pay the applicants’ costs on the ordinary basis, as agreed or assessed.

Catchwords:
HOME BUILDING – defects – non-compliance with work order – contract on foot – renewal proceedings

Legislation Cited:
Civil and Administrative Tribunal Act (2013) NSW
Civil and Administrative Tribunal Rules (2014) NSW
Home Building Act (1989) NSW

Cases Cited:
Baxter Global Investments Pty Ltd v Macro (No 2) [2020] NSWSC 1487
Blessed Sydney Constructions Pty Ltd b Vasudevan [2018] NSWCATAP 98
Bondarek v NSW Land and Housing Corporation [2018] NSWCATAP 299
Brewarrina Shire Council v Beckhaus Civil Pty Ltd [2005] NSWCA 248
Culina v Timilty Constructins Pty Ltd [2022] NSWCATCD 109
Khan v Kang [2014] NSWCATAP 48
Probuild Constructions (Aust) Pty Ltd v DDI Group Pty Ltd [2017] NSWCA 171

Texts Cited:
None

Category: Principal judgment
Parties: Allison Jones (First Applicant)
Luke Matthew Jones (Second Applicant)
Gujjar Construction Pty Ltd (Respondent)
Representation: Solicitors:
Barrak Lawyers (Applicants)
Kazi & Associates (Respondent)

File Number(s): 2024/00032781
Publication restriction: None

REASONS FOR DECISION

On 12 October 2021 Ms Jones and Mr Jones (the owners) entered into a written building contract (the Contract) with Gujjar Construction Pty Ltd ACN 615 644 721 trading as Elante Homes (the builder) for the construction of a residential dwelling on their land…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Jones v Gujjar Construction Pty Ltd

Details

AGLC: Jones v Gujjar Construction Pty Ltd [2025] NSWCATCD 26
Case: [2025] NSWCATCD 26
Decision Date: 01 May 2025

CaseChat Overview and Summary

The case of Jones v Gujjar Construction Pty Ltd involves the applicants, Luke Matthew Jones and his father, who are seeking to enforce a contractual obligation against the builder, Gujjar Construction Pty Ltd, for defects in a home construction project. The dispute centres around the builder’s failure to comply with work orders and the subsequent non-compliance with building regulations. The matter was heard in the NSW Civil and Administrative Tribunal.

The primary legal issues before the tribunal included the enforceability of the contractual obligations between the parties and the builder's failure to deliver a compliant building. Additionally, the court had to consider the statutory obligations under the Home Building Act 1989 (NSW) and whether these were breached by the builder. The applicants sought compensation for the defects and the costs associated with rectifying these defects.

In delivering its decision, the tribunal found that the builder had indeed failed to comply with the work orders and statutory obligations. The tribunal dismissed the builder's adjournment request and granted leave for both parties to be legally represented. The tribunal ordered the builder to pay the applicants $135,608.88 within 14 days to cover the costs of the defects. Furthermore, the tribunal ordered the builder to provide any relevant certificates and warranties to the applicants. The tribunal also ordered the builder to pay the applicants’ costs on the ordinary basis.

This case highlights the importance of builders adhering to contractual and statutory obligations in home construction projects. The tribunal’s decision underscores the remedies available to homeowners when builders fail to deliver compliant buildings and the enforceability of contractual obligations under the Home Building Act.

Orders

Orders of the court

(1) Dismiss the respondent’s Adjournment Request filed 3 February 2025.

(2) Grant leave for the respondent to be legally represented by Mofazzal Haque Kazi of Kazi & Associates, solicitors.

(3) Order that Luke Matthew Jones be joined as the second applicant.

(4) Grant leave for the applicants to be legally represented by Benjamin Barrak of Barrak Lawyers.

(5) Extend the time for the respondent to file submissions in reply to 26 March 2025.

(6) Vacate orders 1 and 2 of the orders dated 8 July 2024.

(7) Order the respondent to pay the applicants $135,608.88 within 14 days.

(8) Order pursuant to pursuant to s 48O(1)(c)(ii) of the Home Building Act 1989 (NSW) that that the respondent deliver to the applicants any of the certificates or documents referred to in paragraph [141] of these reasons to the extent that those certificates or documents are in the possession of the builder and are referrable to work for which the applicants have paid the builder.

(9) Order pursuant to pursuant to s 48O(1)(c)(ii) of the Home Building Act 1989 (NSW) that that the respondent deliver to the applicants any warranties or items referred to in paragraph [143] of these reasons to the extent that those warranties or items are in the possession of the builder and are referrable to work for which the applicants have paid the builder.

(10) Order the respondent to pay the applicants’ costs on the ordinary basis, as agreed or assessed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	Jones v Gujjar Construction Pty Ltd [2025] NSWCATCD 26
Hearing dates:	4 February 2025 Submissions 11 February 2025, 14 March 2025 and 26 March 2025
Date of orders:	01 May 2025
Decision date:	01 May 2025
Jurisdiction:	Consumer and Commercial Division
Before:	R. Alkadamani, Senior Member
Decision:	(1) Dismiss the respondent’s Adjournment Request filed 3 February 2025. (2) Grant leave for the respondent to be legally represented by Mofazzal Haque Kazi of Kazi & Associates, solicitors. (3) Order that Luke Matthew Jones be joined as the second applicant. (4) Grant leave for the applicants to be legally represented by Benjamin Barrak of Barrak Lawyers. (5) Extend the time for the respondent to file submissions in reply to 26 March 2025. (6) Vacate orders 1 and 2 of the orders dated 8 July 2024. (7) Order the respondent to pay the applicants $135,608.88 within 14 days. (8) Order pursuant to pursuant to s 48O(1)(c)(ii) of the Home Building Act 1989 (NSW) that that the respondent deliver to the applicants any of the certificates or documents referred to in paragraph [141] of these reasons to the extent that those certificates or documents are in the possession of the builder and are referrable to work for which the applicants have paid the builder. (9) Order pursuant to pursuant to s 48O(1)(c)(ii) of the Home Building Act 1989 (NSW) that that the respondent deliver to the applicants any warranties or items referred to in paragraph [143] of these reasons to the extent that those warranties or items are in the possession of the builder and are referrable to work for which the applicants have paid the builder. (10) Order the respondent to pay the applicants’ costs on the ordinary basis, as agreed or assessed.
Catchwords:	HOME BUILDING – defects – non-compliance with work order – contract on foot – renewal proceedings
Legislation Cited:	Civil and Administrative Tribunal Act (2013) NSW Civil and Administrative Tribunal Rules (2014) NSW Home Building Act (1989) NSW
Cases Cited:	Baxter Global Investments Pty Ltd v Macro (No 2) [2020] NSWSC 1487 Blessed Sydney Constructions Pty Ltd b Vasudevan [2018] NSWCATAP 98 Bondarek v NSW Land and Housing Corporation [2018] NSWCATAP 299 Brewarrina Shire Council v Beckhaus Civil Pty Ltd [2005] NSWCA 248 Culina v Timilty Constructins Pty Ltd [2022] NSWCATCD 109 Khan v Kang [2014] NSWCATAP 48 Probuild Constructions (Aust) Pty Ltd v DDI Group Pty Ltd [2017] NSWCA 171
Texts Cited:	None
Category:	Principal judgment
Parties:	Allison Jones (First Applicant) Luke Matthew Jones (Second Applicant) Gujjar Construction Pty Ltd (Respondent)
Representation:	Solicitors: Barrak Lawyers (Applicants) Kazi & Associates (Respondent)
File Number(s):	2024/00032781
Publication restriction:	None