AAD Build Pty Ltd v John and Beverley Garside; John and Beverley Garside v AAD Build Pty Ltd and Andrew Dwight [2015] NSWCATCD 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AAD Build Pty Ltd v John and Beverley Garside; John and Beverley Garside v AAD Build Pty Ltd and Andrew Dwight [2015] NSWCATCD 7 Hearing dates: 4 and 5 March 2014 Decision date: 15 January 2015 Jurisdiction: Consumer and Commercial Division Before: K Rosser, Senior Member Decision: HB 13/27106 is dismissed. HB 13/39352 is dismissed. Catchwords: Debt recovery; Completion costs; Damages for failure to take reasonable care; estoppel by convention Legislation Cited: Home Building Act 1989 Consumer Trader and Tenancy Tribunal Act 2001 Civil and Administrative Tribunal Act 2013 Civil Liability Act 2002 Cases Cited: Air Tahiti Nui Pty Ltd v McKenzie (2009) 77 NSWLR 299 Banco de Portugal v Waterlow & Sons Ltd [1932] AC 452 MK & JA Roche Pty Ltd & ORs v Metro Edgley Pty Ltd & Anor [2005] NSWCA 39 Moriatic Pty Ltd v Lawrence James Gordon and Anor [2007] NSWSC 5 (18 January 2007) Category: Principal judgment Parties: AAD Build Pty Ltd – Applicant and Cross-Respondent John and Beverley Garside – Respondents and Cross-Applicants Andrew Dwight – Cross-Respondent Representation: Counsel: Ms McMahon for Applicant and Cross-Respondents Mr Davie for Respondents and Cross-Applicants

Solicitors: Peter Merity Solicitor for Respondents and Cross-Applicants File Number(s): HB 13/27106 and HB 13/39352 Publication restriction: Nil