Pandeli v Hou [2015] NSWCATAP 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pandeli v Hou [2015] NSWCATAP 58 Hearing dates: 24 February 2015 Decision date: 16 March 2015 Jurisdiction: Appeal Panel Before: A P Coleman SC, Senior Member T Simon, Senior Member Decision: Appeal Allowed in part Matter remitted to Tribunal to determine quantum of the appellants' loss Catchwords: APPEAL: Questions of law, Breach of warranty under Home Building Act,1989 (NSW); whether evidence discharged burden to prove breach of statutory warranties; CONTRACT: Terms of contract between the parties, work to be done, objective assessment of contractual terms; work done by contractor; warranty to undertake work in proper and workmanlike manner. EVIDENCE: no adequate evidence as to quantum of appellants' loss. Remittal for determination on proper evidence. Legislation Cited: Civil and Administrative Act, 2013 (NSW) Home Building Act, 1989 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Simpson and Pritchard v Steward & Steward [2011] NSWSC 491 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd and Others - (2004) 211 ALR 342 Makita v Sprowles (2001) 52 NSWLR 705 Category: Principal judgment Parties: Mario Pandeli & Rachel Pandeli: Appellants Ying Min Hou: Respondent Representation: Counsel: Mr D Rayment, Counsel for Appellants Respondent in person (with interpreter)

Solicitors: Mr C James, Hardings Lawyers: Appellants Mr J Wong, Brighton Lawyers: Respondents File Number(s): AP 14/54607 Decision under appeal Court or tribunal: NCAT Consumer and Commercial Division Date of Decision: 14 October 2014 Before: Mr B Howe, Member File Number(s): HB 14/18871