Martin v Giro Construction Group Pty Limited [2015] NSWCATCD 133

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Martin v Giro Construction Group Pty Limited [2015] NSWCATCD 133 Hearing dates: 5 December 2014 and 4 February 2015 Decision date: 29 October 2015 Jurisdiction: Consumer and Commercial Division Before: T Simon, Senior Member Decision: 1. The respondent is to pay the applicant the amount of $123,318.14 immediately.

2. In the event that she intends to make an application for costs, the applicant is to provide any documents and submissions in relation to costs to the respondent and the Tribunal, either in person or by post by 15 November 2015.

3. The respondent is to provide any documents and submissions in relation to costs to the applicant and the Tribunal, either in person or by post on 30 November 2015.

4. The issue of costs will be decided on the papers. In the event that the parties wish to be heard in person they must advise the Tribunal on or before 30 November 2015. Catchwords: Home Building, scope of works, successor in title, defects, breach of statutory warranty Legislation Cited: Home Building Act (NSW) 1989 Cases Cited: Nguyen v Cosmopolitan Homes [2008] NSWCA 246 Category: Principal judgment Parties: Linda Martin (applicant) Giro Constructions Pty Limited (respondent) Representation: Counsel: Ms Beechy for the applicant Mr S Goldstein for the respondent File Number(s): HB 14/11410 Publication restriction: Nil

Reasons for the Decision 1. The applicant in these reasons will be referred to as the homeowner and the respondent as the builder. 2. The application was lodged with the registry on 26 February 2014. The matter was heard over two days on 5 December 2014 and 4 February 2015. 3. The applicant is seeking damages and rectification orders for alleged breaches of statutory warranty totalling $147,709.44.