Donald Gregory Everson and Jo Anne Everson v Robert James Mackley [2014] NSWCATCD 252

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Donald Gregory Everson and Jo Anne Everson v Robert James Mackley [2014] NSWCATCD 252 Hearing dates: 24 September 2014 Date of orders: 16 October 2014 Decision date: 16 October 2014 Jurisdiction: Consumer and Commercial Division Before: N Correy, Senior Member Decision: That the Respondent builder pay to the applicant homeowners the sum of $10,000.00 within 28 days of the date of this order Legislation Cited: Home Building Act 1989 (HBA) Category: Principal judgment Parties: Donald Gregory Everson and Jo Anne Everson (the homeowners ) applicants Robert James Mackley (the builder) respondent Representation: The homeowners were self-represented (Jo Anne Everson) Duncan Maclean and Associates for the builder (Mr Birtles) File Number(s): HB 14/10250

reasons for decision

APPLICATION 1. The application by the homeowners alleges that they contracted with the builder pursuant to a Contract for the Sale of Land settled on 1 May 2013 to purchase the premises at XXX Baranbah St Baan Baa on the condition that certain renovation work to the premises would be completed in a proper and workmanlike manner. It is alleged that the renovations were defective and incomplete. 2. The homeowners seek damages from the builder for allegedly defective and incomplete work. The homeowners' claim for damages arises on the basis that Clause 46 of the sale agreement quoted at paragraph 6 below, constituted essentially a separate contract in respect to the building works which were undertaken by the builder as a condition of the sale. It is asserted for the homeowners that they are entitled to the benefit of the warranties and obligations arising under the Home Building Act 1989 and particularly Section 18B in respect of the work carried pursuant to Clause 46 of the agreement.