Miguel Ocana and Johanna Ocana v Roche Constructions Pty Ltd [2014] NSWCATCD 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Miguel Ocana and Johanna Ocana v Roche Constructions Pty Ltd [2014] NSWCATCD 85 Hearing dates: 11 and 12 February 2014 Decision date: 10 June 2014 Before: N Correy, Senior Member Decision: That the homeowners' application is dismissed. That the builder's submission in relation to costs be filed and served by 6 July 2014. That any reply submission on costs by the homeowners be filed and served by 3 August 2014. Legislation Cited: Home Building Act 1989 (HBA) Civil and Administrative Tribunal Act 2013 (the Act ) Consumer Trader and Tenancy Tribunal Act 2001 (the former Act)l Cases Cited: Pavey and Matthew Pty Ltd v Paul [1987] HCA 5 Category: Principal judgment Parties: Miguel Ocana and Johanna Ocana (applicants) Roche Constructions Pty Ltd (respondent) File Number(s): HB 13/35326

reasons for decision

APPLICATION 1The homeowners had contracted with the builder in 2012 for an amount of $100,400.00 to carry out alterations and additions to their residential premises at XXXX Mt Pritchard. A dispute arose between the parties in relation to the progress and quality of the works which led to the builder being denied further access to the premises in March 2013. This application by them was filed on 2 July 2013. An earlier application, number HB 13/12872 claiming "an order to do work or services ...to a value of $40,000", had been before the CTTT on 16 May 2013 when agreement was reached following settlement discussions and terms of a settlement were reduced to writing . The settlement terms called for payment by the homeowners of $11,500.00 in return for certain works to complete the extension to the homeowners dwelling by the builder. 2The subsequent agreement broke down and led to this current application being issued in which the homeowners now seek damages in the sum of $233,887.00 plus costs in accordance with the amended points of claim at page 149 of the homeowners bundle .The points of claim sets out the various bases alleged that the works performed by the builder were not compliant with the BCA with respect to the foundations as a consequence of which it is alleged the appropriate remedy is demolition and rebuilding afresh.