Orantia v Xpertise Construction Pty Limited [2022] NSWCATCD 115

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Orantia v Xpertise Construction Pty Limited [2022] NSWCATCD 115 Hearing dates: 11 May 2022 Date of orders: 7 July 2022 [amended 25 July 2022] Decision date: 07 July 2022 Jurisdiction: Consumer and Commercial Division Before: K Andronos SC, Senior Member Decision: Pursuant to Section 63 of the Civil and Administrative Tribunal Act 2013, orders published are amended to read as follows (1) Pursuant to s. 48O(1)(a) of the Home Building Act 1989, the respondents to pay to the applicant the sum of $15,000 immediately. (2) Pursuant to s. 48O(1)(b) of the Home Building Act 1989, the sum of $161,545.28 claimed by the respondents in respect of works performed at xx Blackett Drive, Castle Hill is not due or owing. Catchwords: BUILDING AND CONSTRUCTION — Home building contract Legislation Cited: Home Building Act 1989 (NSW) Cases Cited: Cooke v Wilson (1856) 1CBNS 153 Chapman v Smith [1907] 2 Ch 97 Texts Cited: Nil Category: Principal judgment Parties: Julius Orantia (Applicant) Xpertise Construction Pty Limited (First Respondent) Mohammed Hussein (Second Respondent) Representation: Applicant (Self-represented) File Number(s): HB 22/08184 Publication restriction: Nil

REASONS FOR DECISION 1. In these proceedings the applicant seeks a money order under section 48O(1)(a) of the Home Building Act 1989 (NSW) (the HBA) in respect of breach of statutory warranties under section 18B of the HBA. The claim is brought against Xpertise Construction Pty Limited (XCPL) and Mr Mohammed Hussein. 2. The applicant also seeks an order under section 48O(1)(b) of the HBA that he is not liable to pay certain moneys allegedly due to the respondents, which moneys were demanded by XCPL after a dispute arose as to the adequacy of performance by the builder under the contract.