Iftikhar v Rockwall Homes Pty Ltd [2023] NSWCATCD 44

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Iftikhar v Rockwall Homes Pty Ltd [2023] NSWCATCD 44 Hearing dates: 23 and 24 November 2022 Date of orders: 04 April 2023 [amended 13 April 2023] Decision date: 04 April 2023 Jurisdiction: Consumer and Commercial Division Before: D Ziegler, Senior Member Decision: Pursuant to Section 63 of the Civil and Administrative Tribunal Act 2013, orders published on 12 April 2023 are amended as follows: 1. The respondent is to pay the applicant $129,863.41 within 14 days of the date of these orders. 2. 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. 3. The costs respondent is to file and serve submissions and documents on the costs application by 28 days from the date of these orders. 4. The costs applicant is to file and serve costs submissions in reply by 35 days from the date of these orders. 5. 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). 6. 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 – work order or money order – assessment of damages. PRACTICE AND PROCEDURE – transfer of proceedings to Court – extension of time for lodgement of documents. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Culina v Timilty Constructions PL [2022] NSWCATCD 109 Deacon v National Strategic Constructions Pty Ltd; National Strategic Constructions Pty Ltd v Deacon [2017] NSWCATAP 185 Ideal Waterproofing Pty Ltd v Buildcorp Australia Pty Ltd & Ors [2004] NSWSC 765 Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP 23 Leung v Alexakis [2018] NSWCATAP 11 Mesiha v Murrell [2017] NSWCATAP 1 Robinson v Hindmarsh Construction Australia Pty Ltd [2021] NSWCATAP 51 Texts Cited: Nil Category: Principal judgment Parties: Junaid Iftikhar (Applicant) Rockwall Homes Pty Ltd (Respondent) Representation: Counsel: