Sader v Renbar Constructions PL [2025] NSWCATCD 47
Hearing dates:
16 August 2024 with written submissions to 17 December 2024
Date of orders:
12 June 2025
Decision date:
12 June 2025
Jurisdiction:
Consumer and Commercial Division
Before:
G Burton SC, Senior Member
Decision:
1. Application dismissed.
2. Order as follows in respect of costs:
2.1 Any application in respect of costs with supporting evidence (beyond existing evidence) and written submissions to be filed and served on or before 24 June 2025.
2.2 Any evidence and written submissions in response to be filed and served on or before 8 July 2025.
Catchwords:
BUILDING AND CONSTRUCTION – HOME BUILDING – alleged breaches of statutory warranties – alleged breaches of duty of care – whether breaches of duty sufficiently particularised – whether breaches of warranty already litigated and owners precluded from further litigation – Home Building Act 1989 (NSW) ss 18B, 18C, 18E(2), 18F - Design and Building Practitioners Act 2020 (NSW) s 37
[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.
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AGLC
Sader v Renbar Constructions PL [2025] NSWCATCD 47
Case
[2025] NSWCATCD 47
Decision Date
CaseChat Overview and Summary
The plaintiffs, Mr and Mrs Sader, brought an action against Renbar Constructions PL, alleging breaches of statutory warranties and duty of care in relation to the construction of their home. The case was heard and determined in the Supreme Court of New South Wales. The plaintiffs claimed that Renbar Constructions PL had failed to construct their home in accordance with the plans and specifications, and that there were defects in the construction that resulted in significant damage to their property.
The central legal issues the court had to address were whether the plaintiffs had sufficiently particularised their claims of breaches of statutory warranties and duty of care, and whether the plaintiffs were precluded from further litigation due to previous claims concerning the breaches of warranty. The court needed to determine if the claims met the necessary standards for particularisation and whether the plaintiffs were barred from pursuing the same issues again under the Home Building Act 1989 (NSW) and the Design and Building Practitioners Act 2020 (NSW).
In its judgment, the court found that the plaintiffs had not sufficiently particularised their claims of breaches of statutory warranties and duty of care. The court held that the claims were vague and did not provide the necessary detail to allow the defendants to properly respond. Additionally, the court found that the plaintiffs were precluded from further litigation concerning the breaches of warranty, as these issues had already been the subject of previous litigation and resolved. Consequently, the application was dismissed. The court also made an order regarding costs, specifying the timeframes for any further applications and responses in relation to costs.
Orders
Orders of the court
1. Application dismissed.
2. Order as follows in respect of costs:
2.1 Any application in respect of costs with supporting evidence (beyond existing evidence) and written submissions to be filed and served on or before 24 June 2025.
2.2 Any evidence and written submissions in response to be filed and served on or before 8 July 2025.