Rehman v F&F Smart Homes Pty Ltd [2023] NSWCATCD 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rehman v F&F Smart Homes Pty Ltd [2023] NSWCATCD 12 Hearing dates: 21 December 2022 Date of orders: 16 January 2023 Decision date: 16 January 2023 Jurisdiction: Consumer and Commercial Division Before: G Ellis SC, Senior Member Decision: 1. The respondent is to carry out a work order, as set out in Schedule 1. 2. The respondent is to pay the applicant $26,250.64 forthwith. 3. The applicant's submissions as to costs, not exceeding five pages, are to be filed and served, together with any relevant evidence, on or before 23 January 2023. 4. The respondents' submissions as to costs, not exceeding five pages, are to be filed and served, together with any relevant evidence, on or before 6 February 2023. 5. Any submissions in reply from the applicant, not exceeding two pages, are to be filed and served on or before 13 February 2023. 6. Any submissions should indicate whether it is agreed that costs should be determined on the papers, ie without the need for a further hearing. Catchwords: BUILDING AND CONSTRUCTION – claims for defective, incomplete work, and delay – whether work order or money order should be made Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – s 50, s 60 Civil and Administrative Tribunal Regulation 2013 (NSW) - s 9(1)(a) Civil and Administrative Tribunal Rules 2014 (NSW) – r 35 Home Building Act 1989 (NSW) – s 3B, s 18B, s 48MA Cases Cited: Banco de Portugal v Waterlow and Sons [1932] AC 452 Blatch v Archer [1774] ER 2; 1 Cowper 63 Bellgrove v Eldridge [1954] HCA 36 Brooks v Gannon Constructions Pty Limited [2017] NSWCATCD 12 Galdona v Peacock [2017] NSWCATAP 64 Hadley v Baxendale (1854) 9 Exch 341 Haines v Bendall [1991] HCA 15 Karacominakis v Big Country Developments Pty Ltd [2000] NSWCA 313 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8 TC Industrial Plant Pty Ltd v Robert's Queensland Pty Ltd [1963] HCA 57 The Owners – Strata Plan No 76674 v Di Blasio [2014] NSWSC 1067 Category: Principal judgment Parties: Applicant – Abdul Mateen Rehman Respondent – F&F Smart Homes Pty Ltd Representation: Counsel: Applicant – W Marshall Respondent – W Calokerinos