Elica Nedelkoska and Ljuben Nedelkoski v Champion Homes Sales Pty Ltd [2015] NSWCATCD 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Elica Nedelkoska and Ljuben Nedelkoski v Champion Homes Sales Pty Ltd [2015] NSWCATCD 47 Hearing dates: 1 December 2014 and 16 February 2015 Decision date: 08 April 2015 Jurisdiction: Consumer and Commercial Division Before: G.A. Kinsey, General Member Decision: 1. The applicants are to arrange at their own cost for removal of the floating timber floor and to advise the respondent when the work has been completed. 2. The respondent at its own cost is to investigate and rectify in a proper and workmanlike manner any defect in the particleboard flooring installed in the applicants' dwelling to eliminate any squeaking or creaking and to comply with the relevant Australian Standard. 3. The respondent is to undertake and complete the works referred to in Order 2 above within 14 days of receiving advice from the applicants that the floating timber floor has been removed. 4. The applicants' claim for the payment of monetary compensation is dismissed. Legislation Cited: Home Building Act 1989 Cases Cited: Stuart Pty Limited v Condor Commercial Insulation Pty Limited [2006] NSWCA 334 Hadley v Baxendale [1854] EngR 296 Category: Principal judgment Parties: Elica Nedelkoska and Ljuben Nedelkoski (applicants) Champion Homes Sales Pty Ltd (respondent) Representation: Elica Nedelkoska and Ljuben Nedelkoski in person Champion Homes Sales Pty Ltd by its Business Manager George Vardas File Number(s): HB 14/14351 Publication restriction: Unrestricted