Jayasooriah v Wisdom Properties Group Pty Ltd [2021] NSWCATCD 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jayasooriah v Wisdom Properties Group Pty Ltd [2021] NSWCATCD 84 Hearing dates: 31 March 2021 Date of orders: 13 August 2021 Decision date: 13 August 2021 Jurisdiction: Consumer and Commercial Division Before: D Robertson, Senior Member Decision: In proceedings HB 20/25790 (1) The respondent, Wisdom Properties Group Pty Ltd, is to pay the applicant, Jayasooriah, the sum of $630 as liquidated damages for delay in completion of the building works within 14 days. (2) The application in proceedings HB 20/25790 is otherwise dismissed. In proceedings HB 20/45367: (3) The respondent, Wisdom Properties Group Pty Ltd, is to carry out the following work on or before 31 October 2021 in a proper and workmanlike manner. (i) Rectify the loose bracket on the shower screen in the second en-suite, (ii) Adjust or ease the insert to the grated drain in the second en-suite so that the insert moves freely, (iii) Cut an access point in the third bedroom to inspect and fix any kinked or quashed air-conditioning ducting and make good including patching and repainting the affected area. (4) Wisdom Properties Group Pty Ltd is to pay the applicant, Jayasooriah, the sum of $5,863 within 14 days. (5) The balance of the application is dismissed. Catchwords: BUILDING AND CONSTRUCTION — Renewal of proceedings after work order — Whether applicant can raise a fresh claim not the subject of the previous orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Home Building Act 1989 (NSW) Cases Cited: Blessed Sydney Constructions Pty Ltd v Vasudevan [2018] NSWCATAP 98 Bondarek v NSW Land & Housing Corporation [2018] NSWCATAP 299 Gallagher v Masters Installation Pty Ltd [2017] NSWCATAP 117 Jayasooriah v Wisdom Properties Group Pty Ltd [2020] NSWCATAP 81 Texts Cited: Nil Category: Principal judgment Parties: Jayasooriah (Applicant) Wisdom Properties Group Pty Ltd (Respondent) Representation: Counsel: B Jacobs (Respondent)