Da Wei Plastering (NSW) Pty Ltd v Salanitro-Chafei [2016] NSWCATAP 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Da Wei Plastering (NSW) Pty Ltd v Salanitro-Chafei [2016] NSWCATAP 39 Hearing dates: 27 January 2016 Date of orders: 16 February 2016 Decision date: 16 February 2016 Jurisdiction: Appeal Panel Before: P Callaghan SC, Principal Member D Robertson, Senior Member Decision: 1. In respect of proceedings HB 15/41988 – a. Leave to appeal is granted, if necessary. b. The appeal is upheld; c. The order for dismissal of the proceedings is set aside; and d. The proceedings are remitted to the Consumer and Commercial Division differently constituted to be re-heard. 2. In respect of proceedings HB 15/46471 – a. Leave to appeal is granted, if necessary. b. The appeal is upheld in part; c. The order for payment of the sum of $14,522.44 is set aside. d. The proceedings are remitted to the Consumer and Commercial Division differently constituted for re-hearing limited to the question of the extent, to which, in calculating the damages payable to the Applicant (Respondent to the Appeal) for incomplete and defective work, allowance should be made in respect of the extent to which the Applicant has not paid the contract price. Catchwords: Home Building Act – defective and incomplete work - assessment of damages Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Walker Corporation v Sydney Harbour Foreshore Authority (2009) 168 LGERA 1; Brown Brothers v Pittwater Council [2015] NSWCA 215; Collins v Urban [2014] NSWCATAP 17 Texts Cited: Nil Category: Principal judgment Parties: Da Wei Plastering (NSW) Pty Ltd (Appellant) R Salanitro-Chafei (Respondent) Representation: Appellant: Wei Dong, Director