Ding v Sanli Design & Construction Pty Ltd [2021] NSWCATCD 115

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ding v Sanli Design & Construction Pty Ltd [2021] NSWCATCD 115 Hearing dates: 1, 2, 8 December 2021 Date of orders: 20 December 2021 Decision date: 20 December 2021 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: 1. The respondent is to carry out the work set out in Appendix A, in a proper and workmanlike manner, and compete that work by 28 February 2022. 2. The builder is to bear the cost of the inspection, design, and certification required by paragraphs 3 and 4 in Appendix A. 3. The application is otherwise dismissed. 4. The respondent is to pay 25% of the costs of the owners of both this application and the related application (HB 21/16050), such costs if not agreed to be assessed in accordance with the Legal Profession Uniform Law Application Act 2014. Catchwords: CIVIL PROCEDURE – Res judicata – Fresh proceedings on the same causes of action CIVIL PROCEDURE – Anshun estoppel – Matters which could and should have been raised in earlier proceedings BUILDING AND CONSTRUCTION – Defective work – Work order or money order Legislation Cited: Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Bostik Australia v Liddiard (No 2) [2009] NSWCA 304 Brooks v Gannon Constructions Pty Limited [2017] NSWCATCD 12 Galdona v Peacock [2017] NSWCATAP 64 Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP 23 Latoudis v Casey [1990] HCA 59 Oshlak v Richmond River Council [1998] HCA 11 Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45 Tonkin v Riverwalk Realty Pty Ltd [2020] NSWCATAP 260 Texts Cited: Nil Category: Principal judgment Parties: De Long Ding and Kun Ding (Applicants) Sanli Design & Construction Pty Ltd (Respondent) Representation: Solicitor: Birch Partners (Applicants) C Wei (Respondent) File Number(s): HB 21/16006 (related proceedings HB 21/16050) Publication restriction: Nil