Clark v Universal Property Group Pty Ltd [2021] NSWCATCD 151

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Clark v Universal Property Group Pty Ltd [2021] NSWCATCD 151 Hearing dates: 1 September 2021 Date of orders: 15 December 2021 Decision date: 15 December 2021 Jurisdiction: Consumer and Commercial Division Before: R C Titterton OAM, Senior Member Decision: The Respondent to pay the applicant the sum of $7,064.96 on or before 12 January 2022 Catchwords: BUILDING AND CONSTRUCTION — Defects —whether rectification should be ordered — Assessment of damages — No question of principle Legislation Cited: Civil and Administrative Tribunal Act 2010 (NSW) Home Building Act 1989 (NSW) Cases Cited: Kumar v Sabharwal [2017] NSWCATAP 200 Galdona v Peacock [2017] NSWCATAP 64 Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP 23 Texts Cited: Nil Category: Principal judgment Parties: Edward Clark (Applicant) Universal Property Group Pty Ltd (Respondent) Representation: Applicant (Self-represented)

Counsel: Mr Chatterjee (Respondent) File Number(s): HB 20/46092 Publication restriction: Not applicable

REASONS FOR DECISION

Summary 1. The applicant seeks damages for rectification of his home, He alleges that the respondent/builder is in breach of the statutory warranty contained in s 18B(1) of the Home Building Act 1989 (NSW) (HB Act), namely the warranty that the work will be done with due care and skill and in accordance with the plans and specifications set out in the contract. The applicant is the successor in in title to the original owner (being the respondent who was the developer) and thus relies extension of the statutory warranties provided for in s 18D(1) of the HB Act. 2. The applicant seeks the sum of $75,896.81 being the costs of rectification. 3. For the following reasons, I have decided to order the Respondent to pay the applicant the sum of $7,064.96 on or before 12 January 2022.