Avad Construction Group Pty Ltd v Carl La Rocca;; Carl La Rocca v Avad Construction Group Pty Ltd. [2015] NSWCATCD 51

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Avad Construction Group Pty Ltd v Carl La Rocca;; Carl La Rocca v Avad Construction Group Pty Ltd. [2015] NSWCATCD 51 Hearing dates: 16 and 17 February 2015 Decision date: 17 April 2015 Jurisdiction: Consumer and Commercial Division Before: G Meadows, Senior Member Decision: 1. In matter number HB 14/21880 Avad Construction Group Pty Ltd is to pay Carl La Rocca the sum of $17,641.80 less the sum of $6,329.00 owing to Avad Construction Pty Ltd in HB 14/15525 being a net amount of $11,312.80 within 60 days of the date of these orders 2. In matter number HB 14/15525 the amount owing to Avad Construction Pty Ltd has been offset against the amount owing to Carl La Rocca in HB 14/21880. Catchwords: HOME BUILDING—outstanding amount due to builder—defective works—works not built according to drawings and specifications—reasonable method of rectification—Bellgrove v Eldridge Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil Liability Act 2002 Home Building Act 1989 Cases Cited: Archom Limited v Consumer Claims Tribunal (Supreme Court of New South Wales, Unreported, 29 September 1994) Bashton v Elias (Supreme Court of New South Wales, Unreported, 3 June 1999 Bellgrove v Eldridge [1954] HCA 36; (1954) 90 CLR 613 Category: Principal judgment Parties: Avad Construction Group Pty Ltd (applicant/cross respondent) Carl La Rocca (respondent/cross applicant) Representation: Counsel: Mr Ilkovski (Applicant/Cross Respondent); Mr Hadley (Respondent/Cross Applicant). Solicitors: G A Lawyers (Applicant/Cross Respondent) File Number(s): HB 14/15525;HB 14/21880 Publication restriction: Nil