Syed v Delcon Group Pty Ltd [2024] NSWCATCD 33

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Syed v Delcon Group Pty Ltd [2024] NSWCATCD 33 Hearing dates: 11 and 12 July 2023, 21 November 2023, Written Submissions dated 12 September 2023, 6 December 2023, and 31 January 2024 Date of orders: 05 March 2024 Decision date: 05 March 2024 Jurisdiction: Consumer and Commercial Division Before: D G Charles, Senior Member Decision: 1 The Respondent, Delcon Group Pty Ltd is to pay the Applicant, Nausheen Syed, the amount of $495,534.17, within 28 days of the date of these orders. 2 Subject to order 3, the Respondent is to pay the Applicant's costs of the Proceeding on the ordinary basis, as agreed, or as assessed in accordance with the applicable costs' assessment legislation. 3 Should the parties seek a different costs' order; the following directions and orders apply: (a) The Applicant for costs (costs' Applicant) must file and serve any application with the costs' Applicant's written submissions on that issue only (no more than 5 pages) within 14 days of the date of these orders. (b) Upon filing an application in accordance with order 3(a), order 2 will cease to have effect. (c) A costs' Respondent must file and serve any written submissions in response to the issue of costs only (no more than 5 pages) within a further 14 days of receipt of the costs' Applicant's submissions. (d) A costs' Applicant may file and serve a written submission (no more than 3 pages) strictly in reply to the costs' Respondent's submissions within a further 7 days of receipt of the costs' Respondent's submissions. (e) In any such submissions the parties are to address the matter of whether pursuant to the provisions of the Civil and Administrative Tribunal Act 2013 NSW, s 50(2), the Tribunal should dispense with a hearing on the issue of the costs of the Proceeding, so that the issue is decided on the papers lodged with the Tribunal and with appearances of the parties not required. Catchwords: BUILDING AND CONSTRUCTION – application refused for reopening case after hearing - competing expert evidence as to quantum to rectify defective residential building work – jurisdiction under Home Building Act 1989 (NSW) – whether "major defects" - s 48MA preferred outcome – work order refused - money order made based on an assessment of the reasonable costs for rectification of defective work. Legislation Cited: Home Building Act 1989 NSW Civil Procedure Act 2005 NSW Civil and Administrative Tribunal Act 2013 NSW Civil and Administrative Tribunal Rules 2014 NSW Cases Cited: Urban Transport Authority of NSW v Nweiser (1982) 28 NSWLR 471 Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 18) (2018) NSWSC 1828 Baserite Constructions Pty Ltd v Tanios [2020] NSWCATAP 77 Vella v Mir [2019] NSWCATAP 28 Stevenson v Ashton (2019) NSWSC 1689 Galdona v Peacock [2017] NSWCATAP 64 Brennan Constructions Pty Ltd v Davison [2018] NSWCATAP 210 The Owners – Strata Plan 62930 v Kell & Rigby Holdings Pty Ltd [2010] NSWSC 612 Bennett v Lavery [2014] NSWCATAP 118 Bellgrove v Eldridge (1954) 90 CLR 613, [1954] HCA 36 Ruxley Electronics & Construction Ltd v Forsyth (1966) 1 AC 344 McCartney v Orica Investments Pty Ltd [2011] NSWCA 337 Hawkesbury District Health Service Limited v Chaker (No 2) [2011] NSWCA 30 Category: Principal judgment Parties: Nausheen Syed (Applicant)