Cyrilak Homes Pty Ltd & Siriwardeena v Weerasooriya; Weerasooriya v Cyrilak Homes Pty Ltd & Siriwardeena [2014] NSWCATCD 220

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cyrilak Homes Pty Ltd & Siriwardeena v Weerasooriya; Weerasooriya v Cyrilak Homes Pty Ltd & Siriwardeena [2014] NSWCATCD 220 Hearing dates: 22 October 2014 Decision date: 12 December 2014 Jurisdiction: Consumer and Commercial Division Before: S F Smith, General Member Decision: The builder must rectify the roof line so that it conforms with the plans and specifications on or before 1 March 2015.

Homeowner is to pay the builder $6,697.00 plus interest calculated under the contract on or before 15 January 2015.

Each party to pay their own costs but this order stayed until 31 December 2014 for the parties to make any submissions by that date. Legislation Cited: Consumer Claims Act 1998 Home Building Act 1989 Australian Consumer Law Cases Cited: L'Estrange v Graucob [1934] 2 KB 394 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 Riverside Motors Pty Ltd v Abrahams [1945] VLR 45 Hadley v Baxendale ((1854) 9 Exch 341) Jones v Dunkel (1959) 101 CLR 298 Category: Principal judgment Parties: Cyrilak Homes Pty Ltd & Laksha Siriwardeena (applicants/cross respondents) Nishantha Weerasooriya (respondent/cross applicant) Representation: Counsel: Mr Lee for applicants/cross respondents Mr Gruzman for respondent/cross applicant Solicitors: Messrs Dilinachian for the applicant File Number(s): HB 13/29176HB 13/38465 Publication restriction: Unrestricted