Doonan v Ultra Modern Developments Pty Ltd t/as Eagle Homes [2015] NSWCATCD 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Doonan v Ultra Modern Developments Pty Ltd t/as Eagle Homes [2015] NSWCATCD 85 Hearing dates: 24 March 2015 Decision date: 16 July 2015 Jurisdiction: Consumer and Commercial Division Before: P Boyce, Senior Member Decision: 1. The respondent is to pay to the applicants damages in the sum amount $27,727.02 on or before 15 August 2015. 2. Any application for costs is to be in writing to the Tribunal supported by evidence and submissions and is to be filed and served on or before 30 July 2015. 3. Any evidence and submissions in reply from the party opposing the application for costs is to be filed and served on or before 14 August 2015. 4. The parties are to advise the Tribunal in their respective submission if they consent to the issue of costs being determined dealt with on the papers.

5. Alternatively the parties are to make submissions as to why such an order should not be made pursuant to section 50 of the Civil and Administrative Tribunal Act 2013. Catchwords: Defective building work, breach of statutory warranty, methodology of calculating rectification costs Legislation Cited: Home Building Act 1989 Category: Principal judgment Parties: David Doonan and Lynne Doonan (applicants) Ultra Modern Developments Pty Ltd t/as Eagle Homes (respondent) Representation: Counsel: Mr W Carney (Respondent) Solicitors: Steele + Co, Solicitors (Applicants) File Number(s): HB 14/16737 Publication restriction: Unrestricted