NSW Caselaw
New South Wales Supreme Court
CITATION : The Craftsmen Restoration & Renovations v Thomas Boland, Thomas Boland v The Craftsmen Restoration & Renovations [2008] NSWSC 660
HEARING DATE(S) : 31/10/2007, 13/12/2007, 07/03/2008
JUDGMENT DATE : 1 July 2008
JUDGMENT OF : Howie J at 1
DECISION : The appeal by The Craftsmen Restoration and Renovations Pty Ltd is dismissed. The appeal by the Bolands is allowed in part. The builder is to pay the owners' costs of the appeals. The parties are to bring in final orders in accordance with the findings made in this judgment within 7 days.
CATCHWORDS : Administrative Law - Rules of Natural Justice and Breach thereof - whether finding against witness a breach of natural justice - Appeal from Consumer, Trader and Tenancy Tribunal - Residential building dispute - whether errors of law by Tribunal - Contracts - Construction and Interpretation of Contracts - Building Contract - whether builder waived rights under contract - whether owners in breach of contract when terminated contract for poor workmanship - Interest - Recovery of Interest under Common Law - whether interest payable on monies expended for rectification of works.
Consumer, Trader and Tenancy Tribunal Act 2001 Home Building Act 1989 LEGISLATION CITED : Supreme Court Act 1970 Workers Compensation Act 1926 Uniform Civil Procedure Act
CATEGORY : Principal judgment
Grygiel v Baine [2005] NSWCA 218 Azzopardi v Tasman UEB Industries (1985) 4 NSWLR 139 Kalokerinos v HIA Insurance Services Pty Ltd [2004] NSWCA 312 Chapman v Taylor and Ors; Vero Insurance Ltd v Taylor [2004] NSWCCA 456 Bahadori v Permanent Mortgages Pty Limited [2008] NSWCA 150 CASES CITED : Peninsula Balmain Pty Limited v Abigroup Contractors Pty Limited [2002] NSWCA 211 Hyder Consulting (Aust) Pty Limited v Wilh Wilhelmsen Agency Pty Limited [2001] NSWCA 313 Mifsud v Campbell (1991) 21 NSWLR 725 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Beale v Government Insurance Office (1997) 48 NSWLR 430 Amery v New South Wales Director-General, NSW Dept of Education and Training [2004] NSWCA 404
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