Gray v Unique Building and Construction Services Pty Ltd; Unique Building and Construction Services Pty Ltd v Gray [2023] NSWCATCD 155

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gray v Unique Building and Construction Services Pty Ltd; Unique Building and Construction Services Pty Ltd v Gray [2023] NSWCATCD 155 Hearing dates: 24-25 August 2023 Date of orders: 3 October 2023 Decision date: 03 October 2023 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: In HB 23/18492: 1. The applicants are to pay the respondent $52,325.71 on or before 10 October 2023. 2. Within 24 hours of that amount being paid, the respondent is to provide the owners with unrestricted access and possession of their property, including but not limited to the provision of all keys. 3. No order as to costs. In HB 23/30249: 1. The application is dismissed. 2. No order as to costs. Catchwords: BUILDING AND CONSTRUCTION - Whether agreement varied contract - whether final payment due - failure to provide keys - failure to provide plumbing certificate - validity of variation claims - whether builder entitled to recover all costs incurred - quantum meruit claim not raised until after the hearing - determination of amount payable Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Bonita v Shen [2016] NSWCATAP 159 Brewarrina Shire Council v Beckhaus Civil Pty Ltd [2005] NSWCA 248 Cachia v Hanes [1994] HCA 14 Fox v Percy [2003] HCA 22 Latoudis v Casey [1990] HCA 59 News v Cotes [2019] NSWCATAP 186 Oshlak v Richmond River Council [1998] HCA 11 Taylor v Johnson [1983] HCA 5 Thompson v Chapman [2016] NSWCATAP 6 Category: Principal judgment Parties: In HB 23/18492: Applicants – Claire Gray and Rodney Gray Respondent – Unique Building and Construction Services Pty Ltd