Babhoota v AMT Grand Homes Pty Ltd [2022] NSWCATCD 217

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Babhoota v AMT Grand Homes Pty Ltd [2022] NSWCATCD 217 Hearing dates: 13 October 2022 Date of orders: 18 October 2022 Decision date: 18 October 2022 Jurisdiction: Consumer and Commercial Division Before: D Ziegler, Senior Member Decision: 1. Within 14 weeks of the date of these orders the respondent is to carry out the works specified in the Schedule attached to these orders, in a proper and workmanlike manner. 2. The application is otherwise dismissed. 3. If there is a costs application, the costs applicant is to file and serve submissions and documents on the costs application by 14 days from the date of these orders. 4. The costs respondent is to file and serve submissions and documents on the costs application by 28 days from the date of these orders. 5. The costs applicant is to file and serve costs submissions in reply by 35 days from the date of these orders. 6. The costs submissions of the parties are to state whether the parties seek an oral hearing on the issue of costs, or consent to the costs application being determined on the papers in accordance with s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW). 7. The Tribunal may determine it appropriate to deal with any costs application on the papers and without a further oral hearing. Catchwords: BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – Defective building work – Variation of contract – whether exchange of emails satisfied requirement for variation to be in writing and signed – expert evidence. Legislation Cited: Electronic Transactions Act 2000 (NSW) Home Building Act 1989 (NSW) Cases Cited: Makita (Aust) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305 Paraiso v CBS Build Pty Ltd [2020] NSWSC 190 Texts Cited: Nil Category: Principal judgment Parties: Rajeev Babhoota (Applicant) AMT Grand Homes Pty Ltd (First Respondent) Representation: Self-represented (Applicant) Birch Partners (Respondent) File Number(s): HB 22/11283 Publication restriction: Nil