Brooks v Gannon Constructions Pty Limited [2017] NSWCATCD 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brooks v Gannon Constructions Pty Limited [2017] NSWCATCD 12 Hearing dates: 19, 20, 21 September 2016(Final submissions received 4 November 2016) Decision date: 02 March 2017 Jurisdiction: Consumer and Commercial Division Before: T Simon, Senior Member Decision: 1 The respondent is to pay the applicant the sum of $105,836.57 immediately.

2 In the event that either party intends to make further submissions in relation to costs, the applicant is to provide any documents and submissions to the respondent and the Tribunal, either in person or by post by 15 March 2017.

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 March 2017.

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 March 2017. If no further submissions are received the Tribunal will proceed to make a decision on the papers. Catchwords: Home Building, statutory warranty, defences, s18F, preferred outcome, s 48 MA Legislation Cited: Home Building Act 1989 (NSW) Home Building Regulation 2014 (NSW) Home Building Regulation 2004 (NSW) Cases Cited: Bauchet v Mirage Pools Pty Ltd (2001) NSWSC 201 Maiolo v Frank Chiarelli and Anor (2016) NSWCATAP 81 Pham v Broadview Windows Pty Ltd Pastrovic & Co Pty Ltd v Farrington [2011] NSWDC 94 & Ors [2009] NSWCTTT 375 The Craftsmen Restoration and Renovations v Thomas Boland, Thomas Boland v The Craftsmen Restoration and Renovations [2008] Category: Principal judgment Parties: Christopher Brooks (applicant homeowner) Gannon Constructions Pty Limited (respondent builder) Representation: Counsel: E Chrysostomou - for the applicant