NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Toplace Pty Ltd v Rashidianfar [2021] NSWCATAP 235 Hearing dates: 16 June 2020 Date of orders: 6 August 2021 Decision date: 06 August 2021 Jurisdiction: Appeal Panel Before: K Ransome, Senior Member J Lucy, Senior Member Decision: (1) Appeal allowed in part. (2) Order 2 made in matter HB 19/42035 on 18 March 2020 is set aside. (3) In substitution, Toplace Pty Ltd is to pay Amirsalar Rashidianfar the sum of $11,167.15 by 20 August 2021. Catchwords: APPEAL – home building claim – claim by successor in title under statutory warranties – damage to goods by water ingress – assessment of damages – claim for lost rent – applicability of principles in Hadley v Baxendale to successor in title under building contract Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Allianz v Waterbrook [2009] NSWCA 224 Bellgrove v Eldridge (1954) 90 CLR 613; [1954] HCA 36 Bui v DB Homes Australia Pty Ltd [2017] NSWCATAP 218 Building Insurers' Guarantee Corporation v The Owners – Strata Plan No. 57504 [2010] NSWCA 23 C Czarnikow Limited v Koufos [1969] 1 AC 350 Castle Constructions Pty Ltd v Fekula Pty Ltd [2006] NSWCA 133 Commonwealth v Amman Aviation Pty Ltd (1991) 174 CLR 6 Diamond v Campbell-Jones [1961] Ch 22 Hadley v Baxendale [1854] EngR 296; (1854) 9 Ex 341 Ippolito v Cesco [2020] NSWSC 561 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Robinson v Harman (1848) 154 ER 363 Sumy Pty Ltd v Southcorp Wines Pty Ltd [2004] NSWSC 1000 Victoria Laundry (Windsor) Ltd v Newman Industries Ltd [1949] 2 KB 528 Category: Principal judgment Parties: Toplace Pty Ltd (Appellant) Amirsalar Rashidianfar (Respondent) Representation: Solicitors: EA Legal (Appellant) Respondent (Self-Represented) File Number(s): 2020/00370736 (AP 20/17955) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 18 March 2020 Before: S Sutherland, Member File Number(s): HB 19/42035
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