Pindolia v Casagrande Homes Pty Ltd [2024] NSWCATCD 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pindolia v Casagrande Homes Pty Ltd [2024] NSWCATCD 46 Hearing dates: 15 February 2024 Date of orders: 02 July 2024 Decision date: 02 July 2024 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Senior Member Decision: (1) The Respondent Casagrande Homes Pty Ltd is to pay the Applicants Mahendra Pindolia and Deepika Pindolia the sum of $242,640.22 by 28 days from the date of this decision. (2) The issue of costs is to be determined as follows: (a) The Applicants are to file with the Tribunal and serve on the Respondent, by person or by post and additionally by email, any further costs submissions and documents by 7 days from the date of this decision. (b) The Respondent is to file with the Tribunal and serve on the Applicants, by person or by post and additionally by email, any costs submissions and documents by 21 days from the date of this decision. (c) The Applicants are to file with the Tribunal and serve on the Respondent, by person or by post and additionally by email, any costs submissions in reply by 28 days from the date of this decision. (d) The costs submissions of the parties are to include whether or not the consent to the Tribunal determining the issue of costs without a further oral hearing, and if not, why not. (e) Subject to consideration of the costs submissions of the parties the Tribunal may determine the issue of costs on the basis of the written materials and without further oral hearing under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (f) If a party seeks an extension of time in respect of costs submissions, an application should be made in writing to the Tribunal no later than the day prior to the date the submissions are due to be filed and served. (g) Each party must file their costs submissions and documents with the Tribunal in hard copy. Catchwords: BUILDING AND CONSTRUCTION---Home building---building defects---extent of defects---whether work order or damages are the appropriate remedy Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Bellgrove v Eldridge [1954] HCA 36; (1954) 90 CLR 613 BKB Constructions Pty Ltd v Sawan [2022] NSWCATAP 103 Catapult Constructions Pty Ltd v Denison [2018] NSWCATAP 158 Cornucopia (Young) Pty Ltd v Ward t/as Newcastle Model Autosports and Hobbies [2024] NSWCATAP 109 Deacon v National Strategic Constructions Pty Ltd; National Strategic Constructions Pty Ltd v Deacon [2017] NSWCATAP 185 Fisher v N Phillips and M Phillips t/as Arise Building Services [2022] NSWCATCD 80. Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP 23 Leung v Alexakis [2018] NSWCATAP 11 Pollock v NSW Trustee and Guardian [2022] NSWSC 923 Repfix Industries Pty Ltd v FBD Group [2020] NSWDC 514 Robinson v Hindmarsh Construction Australia Pty Ltd [2021] NSWCATAP 51 Ruxley Electronics and Construction Ltd v Forsyth [1996] AC 344 Shakiri v Holland [2024] NSWCATAP 28 Sleiman t/as Perfect Kitchens v Dempsey [2020] NSWCATAP 26 Tabcorp Holdings Pty Ltd v Bowen Investments Pty Ltd [2009] HCA 8 [17]; (2009) 236 CLR 272 Touma v Colantuono [2021] NSWCATAP 152 Walker Group Constructions Pty Ltd v Tzaneros Investments Pty Ltd [2017] NSWCA 27 Wheeler & Anor v Ecroplot [2010] NSWCA 61 Texts Cited: None cited Category: Principal judgment Parties: Mahendra Pindolia and Deepinka Pindolia (Applicants)