Lee v The Australian Construction and Building Group Pty Limited [2015] NSWCATCD 18

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lee v The Australian Construction and Building Group Pty Limited [2015] NSWCATCD 18 Hearing dates: 17 June 2014 and 10 September 2014 Decision date: 04 February 2015 Jurisdiction: Consumer and Commercial Division Before: P. Boyce, Senior Member Decision: (a) Within 14 days of publication of this decision the applicants and the respondent are to agree on a timetable for the completion of: (i) the External Works identified in the Scott Schedule; and, (ii) the remedying of the defects identified by the report of Building & Construction Reports authored by Mr Barry Morris dated 1 August 2014.

(b)The applicants must permit access to the premises at all reasonable times by the respondent and its contractors to carry the External Works and rectification of the Internal Works without obstruction or hindrance; (c) The timetable for completion of the External Works and rectification of the Internal Works by the respondent must show that the works will be completed by the respondent at its cost within 4 months of the date of publication of these orders subject to the weather provisions as set out in the Consent Orders of 2 December 2013; (d)The respondent is to pay to the applicants $4128.66 being two thirds of the cost of the inspections and report by Building & Construction Reports on or before 28 February 2015. (e) In all other respects the Consent Orders made by this Tribunal on 2 December 2013 are affirmed. Catchwords: Renewal of proceedings, enforcement of consent orders Legislation Cited: Civil and Administrative Tribunal Act 2013 No 2 2013 Civil Procedure Act 2005 Consumer Trader and Tenancy Tribunal Act 2001 Home Building Act 1989 Civil and Administrative Tribunal Rules 2014 Cases Cited: Kovalev v Minister for Immigration and Multicultural Affairs [1999] FCA 557 Ainsworth v Wilding[1896] 1 Ch 673 Harvey v Croydon Union RSA (1885) 26 Ch D 249 Deputy Commissioner of Taxation (NSW) v Chamberlain (1991) 28 FCR 21 Abigroup v Abignano (1992) 112 ALR 497 Dowdle v Hillier (1949) 66 WN (NSW) 155 Cristel v Cristel [1951] 2 KB 725 at 730 Re Porteus [1949] VLR 383 Wentworth v Woollahra Municipal Council (CA (NSW), 31 March 1983, unreported Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Consequential orders (other than Costs) Parties: Gak Hee Lee and Suk Jin Lee (Applicants ) The Australian Construction and Building Group Pty Limited (Respondent) Representation: Counsel: Ms Carmel Lee for the Applicants Solicitors: CLS Legal (Applicants) CCS Legal (Respondent) File Number(s): HB 14/02364HB 12/24099 Publication restriction: Unrestricted