Stern v C & E Critharis Constructions Pty Limited [2021] NSWLC 8

Local Court New South Wales

Medium Neutral Citation: Stern v C & E Critharis Constructions Pty Limited [2021] NSWLC 8 Hearing dates: 12 April 2021; written submissions (26 April 2021); further written submissions (10 May 2021); further written submission (17 May 2021) Decision date: 24 May 2021 Jurisdiction: Civil Before: Nash LCM Decision: See [55] – [59] Catchwords: Civil claim – Residential building work – Whether builder in breach of contract - Defective building work – Method of rectifying defective works – Cost of rectification works – Contributory negligence –Apportionable contributory negligence – Appropriate remedy – Quantum of damages - Costs Legislation Cited: Civil Liability Act 2002 Environmental Planning and Assessment Act 1979 Home Building Act 1989 Local Court Act 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Cable v Hutcherson Bros (1969) 123 CLR 143 Hometeam Constructions Pty Ltd v McCauley [2005] NSWCA 303 Ippolito v Cesco [2020] NSWSC 561 The Owners – Strata Plan No. 66375 v King [2018] NSWCA 170 Texts Cited: Nil Category: Principal judgment Parties: Clifford John Stern (First Plaintiff) Raechel Stern (Second Plaintiff) C & E Critharis Constructions Pty Limited (First Defendant) Alex Popov Architects Pty Limited trading as Popov Bass Architects (Second Defendant) Representation: Counsel: Ms Julie Wright, Barrister (First and Second Plaintiffs) Mr Timothy Bland, Barrister (First Defendant)