Mohammed & Sheikh v Ausko Building and Construction Pty Ltd & Augustus & Ravikumar & Roshan & Stanley [2015] NSWCATCD 107

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mohammed & Sheikh v Ausko Building and Construction Pty Ltd & Augustus & Ravikumar & Roshan & Stanley [2015] NSWCATCD 107 Hearing dates: 17 August 2015 Decision date: 22 September 2015 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose – General Member Decision: The Second, Third and Fourth respondents are to pay the applicants the sum of $55,951.40 within one month of the date of these orders. The Second, Third and Fourth respondents are to pay the costs of the applicants expert for preparation of reports and attendance at the Hearing in the assessed sum of $7480.00 within one month of the date of these orders. Catchwords: Successor in title – warranties under the Home Building Act – where the work is defective and if so, reasonable cost of rectification. Legislation Cited: Home Building Act 1989 ss. 18B, 18C, 18D Cases Cited: The Owners – Strata Plan No. 68372 v Allianz Insurance Limited [2014] NSWSC 1807 Category: Principal judgment Parties: Abdul Mohammed and Shahin Sheikh (applicants) Ausko Building and Construction Pty Ltd (first respondent) Roshan Paul Ravikumar and Rebecca Vinodhini Roshan (second respondents) Viji and Syliva Augustus (third respondents) James and Aravinda Stanley (fourth respondents) Representation: The applicants appeared in person Mr Lee appeared for the 1st respondent Mr Augustus appeared for the 2nd, 3rd and 4th respondents File Number(s): HB 14/61603 Publication restriction: Nil