Hardwicke v Paul Richards Plumbing Pty Ltd [2023] NSWCATCD 102

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hardwicke v Paul Richards Plumbing Pty Ltd [2023] NSWCATCD 102 Hearing dates: 03 July 2023 Date of orders: 03 August 2023 Decision date: 03 August 2023 Jurisdiction: Consumer and Commercial Division Before: D Robertson, Senior Member Decision: (1) The applicant does not owe the respondent the sum of $9,108.44 the subject of demands served upon the applicant by Bluechip Collections Pty Ltd on 28 March and 6 April 2023. Catchwords: BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – Warranties implied into residential building contracts – Due care and skill - Compliance with specifications – Fitness for purpose – Applicant repudiated contract by refusing respondent access to complete work – Scope of work in contract not fit to achieve the purpose disclosed by the applicant – Applicant had not paid full contract price – No evidence to establish what it would have cost the applicant to achieve the disclosed purpose – Tribunal unable to assess whether respondent entitled to any further payment – Order made that applicant not liable for further payment Legislation Cited: Home Building Act 1989 (NSW) Home Building Regulation 2014 (NSW) Cases Cited: Brewarrina Shire Council v Beckhaus Civil Pty Ltd [2005] NSWCA 248 C & V Engineering Services Pty Ltd v Metropolitan Demolitions Pty Ltd [2023] NSWCA 167 Little v J & K Homes Pty Ltd [2017] NSWCATAP 84 Mann v Paterson Constructions Pty Ltd (2019) 267 CLR 560; [2019] HCA 32 Paraiso v CBS Build Pty Ltd [2020] NSWSC 190 Category: Principal judgment Parties: Christine Hardwicke (Applicant) Paul Richards Plumbing Pty Ltd (Respondent) File Number(s): HB 23/16256 Publication restriction: Nil