Martignago v Visual Building Construction Pty Ltd [2022] NSWCATCD 219

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Martignago v Visual Building Construction Pty Ltd [2022] NSWCATCD 219 Hearing dates: 6 July 2022 Date of orders: 24 October 2022 Decision date: 24 October 2022 Jurisdiction: Consumer and Commercial Division Before: D Moujalli, Senior Member Decision: 1. Visual Building Construction Pty Ltd (the respondent) must pay Moreno Martignago (the applicant) the sum of $60,512 within 14 days of the date of this order. 2. The respondent is to pay the applicant's costs of the proceeding on the ordinary basis, as agreed or assessed. Catchwords: BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) - defects in building work – whether a work or a money order should be made in respect of defects in building work - assessment of the quantum of damages Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36 and 60 Home Building Act 1989 (NSW) Cases Cited: Bellgrove v Eldridge (1954) 90 CLR 613 Galdona v Peacock [2017] NSWCATAP 64 Haines v Bendall (1991) 172 CLR 60 Kumar v Sabharwal [2017] NSWCATAP 200 Lam v Steve Jarvin Motors Pty Ltd [2016] NSWCATAP 186 Latoudis v Casey (1990) 170 CLR 534 Morrison v Moss [2019] NSWDC 746 Williams v Pisano (2015) 299 FLR 172; [2015] NSWCA 177 Category: Principal judgment Parties: Moreno Martignago (Applicant)

Visual Building Construction Pty Ltd (Respondent) Representation: Applicant's solicitor: P Merity