Wood v J & G Constructions Pty Ltd [2021] NSWCATCD 157

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wood v J & G Constructions Pty Ltd [2021] NSWCATCD 157 Hearing dates: 27 October 2020 Date of orders: 18 January 2021 Decision date: 18 January 2021 Jurisdiction: Consumer and Commercial Division Before: P French, General Member Decision: (1) J & G Constructions Pty Ltd and Suecha Pty Ltd as trustee for Suecha Family Trust are to pay Christina Jane Wood the sum of $14,238.50 immediately. (2) No order as to costs Catchwords: BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Statutory warranties — Due care and skill — Compliance with law — Fitness for occupation as a dwelling – Whether defence that work was carried out in accordance with homeowner's instruction contrary to advice is available — Whether homeowner failed to provide access for the rectification of defects — Whether preferred outcome contained in section 48MA is to be applied in this case PROCEDURE — Whether application was accepted by Principal Registrar contrary to section 48J and NCAT Procedural Direction 5: Acceptance of Home Building Claims — Whether Tribunal has jurisdiction to deal with an application accepted contrary to section 48J — Whether Tribunal has power to set aside the Registrar's decision to accept the application COSTS — Party/party — Civil and Administrative Tribunal Act 2013 — Whether special circumstances justifying an order for costs — Whether delay in finalising an application caused by the setting — Aside of an original decision on the respondents' application has caused disadvantage to the applicant Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Home Building Regulation 2014 (NSW) Cases Cited: Brennan Constructions Pty Ltd v Davison [2018] NSWCATAP 210 Briginshaw v Briginshaw (1938) 60 CLR 336 Clements v Murphy [2018] NSWCATAP 152 Hadley v Baxendale [1854] 9 Ex 341 Marcourt v Clark [2012] NSWCA 367 Maygood Australia Pty Ltd v The Owners – Strata Plan 85338 [2020] NSWCATAP 237 Miller v Minister for Pensions [1947] 2 All ER 372 Profitability Consulting Pty Ltd v Thorpe [2018] NSWCATAP 4 Roberts v Chan & Naylor Parramatta Pty Ltd aft Chan & Naylor Parramatta Trust [2018] NSWCATAP 240 S & G Homes Pty Ltd t/as Pavilion Homes NSWCATAP 190 Texts Cited: Australian Standard 4386 Cabinetry in the Built Environment – Commercial and Domestic 2018 NCAT Procedural Direction 5 Acceptance of Home Building Claims Category: Principal judgment Parties: Christina Jane Wood (Applicant) Suecha Pty Ltd as trustee for Suecha Family Trust J & G Constructions Pty Ltd (Respondent) Representation: Applicant (Self Represented) Respondent (Self-represented) File Number(s): HB 20/15761 Publication restriction: Nil