Dimitropoulos v Capitol Constructions Pty Ltd; Capitol Constructions Pty Ltd v Dimitropoulos [2016] NSWCATCD 61

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dimitropoulos v Capitol Constructions Pty Ltd; Capitol Constructions Pty Ltd v Dimitropoulos [2016] NSWCATCD 61 Hearing dates: 11 August 2015 and 28 October 2015(Final submissions received 5 February 2016) Decision date: 29 June 2016 Jurisdiction: Consumer and Commercial Division Before: T Simon, Senior Member Decision: 1. The homeowners are to pay the builder the amount of $73,968.96 immediately.

2. The builder is to provide to the homeowner all original certification which they hold which is required by the relevant authority to issue an occupation certificate for the property pursuant to the Environmental Planning & Assessment Act immediately.

3. The parties are to provide to the Tribunal and each other, either in person or by post, submissions and documents in relation to costs by 15 July 2016. 4. The parties are to provided to the Tribunal and each other, either in person or by post, submissions and documents in reply on costs by 29 July 2016. 5. Costs will be determined on the papers. If either party seeks to be heard in person, they should advise the Registry prior to 29 July 2016, setting out the reasons why and the registry will advise in due course. Catchwords: Home Building, wrongful termination, substantial breach, serious breach, anticipatory breach. repudiation, abandonment, unlicensed sub-contractors, variations, defects. Legislation Cited: Home Building Act 1989 (NSW) Home Building Regulation 2014 (NSW) Home Building Regulation 2004 (NSW) Cases Cited: Afovos Shipping v Pagnan [1983] 1 WLR 195 (HL),37 Balog v Crestani [1975] 132 CLR 289 Champion Homes Sales Pty Limited v DCT Projects Pty Limited [2015] NSWSC 616 Elachi v Five Star Aluminium Pty Ltd (Home Building) [2006] NSWCTTT 415 Koompahtoo Local Aboriginal Land Council v Sanpine Pty Limited [2007] HCA 61; (2007) 233 CLR 115 National Engineering Pty Limited v Chilco Enterprises Pty Limited t/as Trojan Contracting [2001] NSWCA 291 Owners Corporation Strata Plan 70762 v L & C Platt Constructions Pty Ltd [2014] NSWCATCD 8 Ryder and Anor v Frohlich and Anor [2004] NSWCA 472 Universal Cargo Carriers Corp. v Citati [1957] 2 QB 401 Zeman v Bollard [2015] NSWCATCD 13 Category: Principal judgment Parties: Parties in HB 14/44611 (homeowners application) Spiro Dimitropoulos (first applicant) Anna Dimitropoulos (second applicant) Capitol Construction Pty Ltd trading as Vogue Homes (respondent)