Walsh v Archi Lab Pty Ltd

[2023] NSWCATCD 67

Civil and Administrative Tribunal

New South Wales

• Amendment notes

Medium Neutral Citation:

Walsh v Archi Lab Pty Ltd [2023] NSWCATCD 67

Hearing dates:

8 March 2023

Date of orders:

21 June 2023

Decision date:

21 June 2023

Jurisdiction:

Consumer and Commercial Division

Before:

D Goldstein, Senior Member

Decision:

1. Archi Lab Pty Ltd must pay Danny Walsh and Kelly Walsh $101,355.00 immediately.

2. HB 23/02116 is dismissed.

3. In the event that a party wishes to bring a costs application, such application must be lodged in the Tribunal and served on/given to the costs respondent within 14 days of the date of the orders in these proceedings either attaching or referring to the documents relied upon in support of the application.

4. The costs respondent will have 14 days after the date it or they receive the application to lodge in the Tribunal and serve on/give to the costs applicant its or their submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon.

5. The parties must state in their submissions whether or not they consent to the costs application being determined on the basis of the parties written submissions and attached documents, if any, without the need for a hearing.

6. Subject to the parties’ submissions, the Tribunal will determine any costs application made on the basis of the papers lodged in the Tribunal.

Catchwords:

BUILDING and CONSTRUCTION – Repudiation -Damages for late completion – Prevention - Quantum meruit.

Legislation Cited:

Home Building Act 1989

Cases Cited:

DB Homes Australia Pty Limited v Kes [2019] NSWCATAP 221

Eddy Lau Constructions Pty Ltd v Transdevelopment Enterprise Pty Ltd [2004] NSWSC 273

Elizabeth Jane Thompson v Andrew Chapman [2015] NSWCATCD (Unreported, 9 June 2015)

Jason and Michelle Zammit trading as Zammit ’s Quality Constructions v Saul Markunsky and Shereen Markunsky [2015] NSWCATCD 21

Longbottom v Boughton [2020] NSWCATAP 53

Pender v Robwenphi Pty Limited & Anor [2008] NSWSC 1144

Robinson v Harman (1848) 1 Ex.850

Stephenson v State Bank of New South Wales (1996) 39 NSWLR 101

Sullman v Sullman [2002] NSWSC 169

Urban Constructions (NSW) Pty Ltd v Brett Shearer and Bronwyn Shearer [2015] NSWCATCD 9

Texts Cited:

None cited

Category:

Principal judgment

Parties:

Applicants: Danny Walsh and Kelly Walsh
Respondents: Archi Lab Pty Ltd

Representation:

The parties were self-represented.

File Number(s):

HB 22/38378 & HB 23/02116

Publication restriction:

Nil.

REASONS FOR DECISION

1. In these proceedings the applicants in HB 22/38378 who I will call the owners claimed $158,728.00 against the respondent who I will call the builder.

2. In HB 23/02116 the builder claimed $70,000.00 from the owners.

3. The proceedings were heard on 8 March 2023. The evidence in the proceedings was:

1. Exhibit A, the owners three volume bundle of documents;

2. Exhibit B, an experts conclave report; and

3. Exhibit 1, the respondent’s bundle of documents.

The contract

4. On 16 February 2022 the owners signed a contract for the renovation of their house, which was prepared and signed by the builder.…