Vattoly v Baytek Constructions Pty Ltd

Case [2024] NSWCATCD 28


Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: Vattoly v Baytek Constructions Pty Ltd [2024] NSWCATCD 28
Hearing dates: 13 February 2024
Date of orders: 20 February 2024
Decision date: 20 February 2024
Jurisdiction:Consumer and Commercial Division
Before: Graham Ellis SC, Senior Member
Decision:

(1)   The Respondent is to pay the Applicants $109,213.33 immediately.

(2)   The Respondent is to pay the costs of the Applicants, on the ordinary basis, as agreed or assessed.

(3)   If either party wishes to contend that a different costs order should be made, order 2 ceases to have effect and the following orders apply:

(a)   Any application for a different costs order is to be filed and served, supported by submissions (not exceeding five pages in length) and evidence within 14 days of the date of these orders.

(b)   Any submissions (not exceeding five pages in length) and evidence in response are to be file and served with the following 14 days.

(c)   Any submissions in reply (not exceeding two pages in length) and evidence in reply are to be filed and served within the following 7 days.

(d) Any such submissions are to include an indication of whether it is accepted that the Tribunal make an order, under s 52 of the Civil and Administrative Tribunal Act 2013 (NSW), dispensing with a hearing as to costs.

Catchwords:

BUILDING AND CONSTRUCTION – Whether contracts validly terminated – assessment of damages for delay, failure to provide occupation certificate, incomplete work and defective work

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW)

Civil and Administrative Tribunal Rules 2014 (NSW)

Home Building Act 1989 (NSW)

Cases Cited:

203 Castlereagh Street Pty Limited v Skybloo Holdings Pty Limited [2017] NSWCATAP 29

Bonita v Shen [2016] NSWCATAP 159

Brooks v Gannon Constructions Pty Limited

[2017] NSWCATCD 12

Commonweatlh v Amann Aviation Pty Ltd

[1991] HCA 54

Galdona v Peacock [2017] NSWCATAP 64

Gallagher v Masters Installation Pty Ltd

[2017] NSWCATAP 117

Hadley v Baxendale (1854) 9 Exch 341

Haines v Bendall [1991] HCA 15

Gerrard v Slamar [2004] WASC 253

Latoudis v Casey [1990] HCA 59

News v Cotes [2019] NSWCATAP 186

Oshlak v Richmond River Council [1998] HCA 11

Pacorp Holdings Pty Ltd v Waller

[2017] NSWCATAP 167

Thompson v Chapman [2016] NSWCATAP 6

Texts Cited:

None cited

Category:Principal judgment
Parties: Applicants – Baiju John Vattoly, Jincy Jose
Respondent – Baytek Constructions Pty Ltd
Representation: Applicants – Self-represented
Respondent – No appearance
File Number(s): 2023/00379241 (formerly HB 23/38898)
Publication restriction: Nil

Reasons for decision

Outline   

  1. The applicants (the owners) alleged incomplete and defective work by the respondent (the builder). They also made a delay claim as well as a failure to provide documents required for the owners to obtain an occupation certificate.

  2. The Tribunal determined that the contracts in question had been validly terminated and that the owners were entitled to be awarded damages for (1) delay, (2) failure to provide an occupation certificate, (3) incomplete work, and (4) defective work, but that the…

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Details
AGLC
Vattoly v Baytek Constructions Pty Ltd [2024] NSWCATCD 28
Case
[2024] NSWCATCD 28
Decision Date

CaseChat Overview and Summary

The matter before the Court was an application for review of a decision of the Civil and Administrative Tribunal (CAT) in relation to a dispute between Vattoly and Baytek Constructions Pty Ltd. The dispute arose from a building contract where Vattoly claimed damages for delays, failure to provide an occupation certificate, incomplete work, and defective work. The CAT had found that the contracts were validly terminated and awarded damages to Vattoly. Baytek Constructions sought to review the CAT's decision.

The primary legal issues the court was required to address were whether the contracts were validly terminated and, if not, the appropriate quantum of damages to be awarded for the delays, failure to provide an occupation certificate, incomplete work, and defective work. The court was also required to consider the costs implications of the review application.

In its decision, the court found that the CAT was correct in its determination that the contracts were validly terminated. The court affirmed the CAT's assessment of damages for delays, failure to provide an occupation certificate, incomplete work, and defective work. The court rejected Baytek Constructions' arguments that the CAT erred in its assessment of damages. The court held that the CAT's findings were supported by the evidence and that the CAT had exercised its discretion reasonably in determining the quantum of damages.

In light of the court's decision, it ordered that Baytek Constructions pay Vattoly $109,213.33 immediately. The court also ordered that Baytek Constructions pay Vattoly's costs of the proceedings on the ordinary basis, as agreed or assessed. The court provided detailed procedural orders for any party wishing to contend that a different costs order should be made, including strict time limits and page limits for submissions and evidence.

Orders

Orders of the court

(1) The Respondent is to pay the Applicants $109,213.33 immediately.

(2) The Respondent is to pay the costs of the Applicants, on the ordinary basis, as agreed or assessed.

(3) If either party wishes to contend that a different costs order should be made, order 2 ceases to have effect and the following orders apply:

(a) Any application for a different costs order is to be filed and served, supported by submissions (not exceeding five pages in length) and evidence within 14 days of the date of these orders.

(b) Any submissions (not exceeding five pages in length) and evidence in response are to be file and served with the following 14 days.

(c) Any submissions in reply (not exceeding two pages in length) and evidence in reply are to be filed and served within the following 7 days.

(d) Any such submissions are to include an indication of whether it is accepted that the Tribunal make an order, under s 52 of the Civil and Administrative Tribunal Act 2013 (NSW), dispensing with a hearing as to 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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