Foresight Construction Pty Ltd v MRW Plumbing Group Pty Ltd; MRW Plumbing Group Pty Ltd v Foresight Construction Pty Ltd [2022] NSWCATCD 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Foresight Construction Pty Ltd v MRW Plumbing Group Pty Ltd; MRW Plumbing Group Pty Ltd v Foresight Construction Pty Ltd [2022] NSWCATCD 6 Hearing dates: 24 August 2021 Date of orders: 31 January 2022 [amended 15 February 2022] Decision date: 31 January 2022 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose, General Member

Pursuant to Section 63 of the Civil and Administrative Tribunal Act 2013, orders published on 31 January 2022 are amended on 15 February 2022 to read as follows: Decision: 1. In matter HB 20/12607 the respondent is to pay the applicant the sum of $12,339.24, being compensation for defective or incomplete work 2. In matter HB 20/36334 the respondent is to pay the applicant the sum of $39,975.00, being retention payments found to be due and owing by the respondent to the applicant. Such sum is to be reduced by monies owing by the respondent to the applicant in matter No. HB 20/12607 3. Foresight Construction Pty Ltd is to pay MRW Plumbing Group Pty Ltd the sum of $27,635.76, being the monies found to be owing in matter HB 20/36334 less the monies found to be owing by MRW Plumbing Group Pty Ltd to Foresight Construction Pty Ltd in matter HB 20/12607. The net sum owing is to be paid within 30 days of the date of these orders. 4. Any party seeking an order for costs is to file an application including submissions and any necessary evidence within 21 days of the date of these orders. 5. Any party opposing an order for costs is to file evidence and submissions within 42 days of the date of these orders. 6. Any application for costs will be determined on the papers provided that both parties agree to that course. Catchwords: BUILDING AND CONSTRUCTION — Home Building — Claims between builder and sub-contractor —Builders claim for defective and/or incomplete works — Sub contractors claim for payment of retention monies — Whether the contract has been validly terminated by the builder Legislation Cited: Home Building Act 1989 (NSW) Cases Cited: Bailey v Plasterfix Australia Pty Ltd [2015] NSWCATAP140 at para [21] (fix this) Cohen v Zanzoul t/as Uniq Building Group [2020] NSWSC 592 Gagner Pty Ltd v Canturi Corporation Pty Ltd [2009] NSWCA 413 Meriton Apartments Pty Ltd v the Owners Strata Plan 72381 (No. 2) [2016] NSWSC 189 The Owners Strata Plan 80458 v TQM Design and Construct Pty Ltd [2018] NSWSC 1304 Texts Cited: Nil Category: Principal judgment Parties: Foresight Construction Pty Ltd (Applicant and cross-respondent)