Dodd v Balmain Projects Group Pty Ltd [2021] NSWCATCD 82

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dodd v Balmain Projects Group Pty Ltd [2021] NSWCATCD 82 Hearing dates: 12 August 2021 Date of orders: 17 August 2021 Decision date: 17 August 2021 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC, Senior Member Decision: (1) The respondent is to rectify the major defects to the property of the applicants the subject of the proceedings identified as items 2 so far as the defect identified as "Clamps missing", 9 so far as the defect headed "No Overflow Provision", 17 and 18 in the expert report of Anthony Capaldi which is part of exhibit A3 (the Capaldi report) on the following conditions: (a) the rectification works are undertaken in accordance with the scope of works in the Capaldi report; (b) the rectification works are completed by 18 October 2021. (2) The proceedings are otherwise dismissed. (3) If any party seeks a costs order, the applicant for costs (the costs applicant) must file and serve a costs application, including submissions limited to five pages and any evidence in support, within 14 days of the date of the orders in these reasons for decision. (4) Any respondent to the costs application is to file and serve submissions limited to five pages and any evidence in reply within 14 days thereafter. (5) The costs applicant is to file any submissions in reply limited to three pages within 14 days after receipt of the submissions and evidence of the respondent to the costs application. Catchwords: BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) — Major defect — Whether any defects are a major defect — Whether a work or a money order should be made in respect of major defects as agreed or found Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Ashton v Stevenson; Stevenson v Ashton [2020] NSWCATAP 233 Leung v Alexakis [2018] NSWCATAP 11 Texts Cited: Nil Category: Principal judgment Parties: James Dodd (First Applicant) Leanne Price (Second Applicant) Balmain Projects Group Pty Ltd (Respondent) Representation: Counsel: B Anderson (Respondent)