Bourke v Wincrest Group Pty Ltd [2021] NSWCATCD 44

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bourke v Wincrest Group Pty Ltd [2021] NSWCATCD 44 Hearing dates: 7 September 2020 (final written submissions filed on 13 November 2020) Date of orders: 11 June 2021 Decision date: 11 June 2021 Jurisdiction: Consumer and Commercial Division Before: D Robertson, Senior Member Decision: (1) The respondent, Wincrest Group Pty Ltd, is to pay the applicants the sum of $23,264 immediately. (2) Either party may file and serve written submissions within 14 days of the date of this decision seeking an order in relation to the costs of the proceedings. (3) If either party files submissions in accordance with order (2), the other party may file submissions in response within a further 14 days. (4) Any submissions filed in accordance with orders (2) and (3) must address the question whether the question of costs may be determined on the papers and without a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (5) If no submissions are filed in accordance with orders (2) and (3), there will be no order as to the costs of the application. Catchwords: BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – statutory warranties – renewal proceedings where work order not complied with - 'major defect' – 'major element' Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Home Building Regulation 1997 (NSW) Cases Cited: AAI Ltd t/as Vero Insurance v Kalnin Corporation Pty Ltd [2017] NSWSC 548 Bellgrove v Eldridge (1954) 90 CLR 613 Beyer t/as Leisure Pools & Spas Newcastle v Palazzi [2020] NSWCATAP 109 Honeywood v Munnings [2006] NSWCA 215 Category: Principal judgment Parties: Tamar Bourke, Thornton Bourke, Preston Bourke (Applicants) Wincrest Group Pty Ltd (Respondent) Representation: Counsel: B Hemsworth (Applicants) F Anwar (Respondent)