Chouhan v Morrison Homes Pty Ltd [2021] NSWCATCD 155

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chouhan v Morrison Homes Pty Ltd [2021] NSWCATCD 155 Hearing dates: 6 September 2021 Date of orders: 31 December 2021 Decision date: 31 December 2021 Jurisdiction: Consumer and Commercial Division Before: D Goldstein, Senior Member Decision: 1. Morrison Homes Pty Ltd must pay Preet Chouhan and Harjinder Chouhan $1,500.00 immediately. 2. Not later than 28 February 2022, Morrison Homes Pty Ltd must carry out the work referred to in [143] of the Reasons in accordance with the requirements of that paragraph. 3. Preet Chouhan and Harjinder Chouhan have leave to renew these proceedings if Morrison Homes Pty Ltd has not complied with order 2 by the time stated in that order. 4. In the event that a party wishes to bring a costs application, the costs application must be lodged in the Tribunal and served on the costs respondent within 14 days of the date of the orders in these proceedings either attaching or referring to the documents relied upon in support of the application. 5. The costs respondent will have 14 days after the date it or he receives the application to lodge in the Tribunal and serve on the costs applicant his or its submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon. 6. The parties must state in their submissions whether or not they consent to the costs application being determined on the basis of the parties written submissions and attached documents, if any, without the need for a hearing. 7. Subject to the parties' submissions, the Tribunal will determine any costs application on the basis of the papers lodged in the Tribunal. Catchwords: BUILDING and CONSTRUCTION – Defects – Expert evidence Legislation Cited: Home Building Act 1989 (NSW) Cases Cited: Deacon v National Strategic Constructions Pty Ltd; National Strategic Constructions Pty Ltd v Deacon [2017] NSWCATAP 185 Hislop v Jakanda Pty Limited [2019] NSWCATCD MacFayden and Anor v G Tadrosse [2014] NSWCATCD 194 Texts Cited: Nil Category: Principal judgment Parties: Preet Chouhan (First Applicant) Harjinder Chouhan (Second Applicant) Morrison Homes Pty Ltd (Respondent) Representation: First Applicant (Self-represented) Second Applicant (Self-represented) Respondent (Self-represented) File Number(s): HB 21/12297 Publication restriction: Nil