Huy Bui and Suzanne Bui v DB Homes Pty Ltd [2017] NSWCATCD 28

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Huy Bui and Suzanne Bui v DB Homes Pty Ltd [2017] NSWCATCD 28 Hearing dates: 6 March 2017 Date of orders: 11 April 2017 Decision date: 11 April 2017 Jurisdiction: Consumer and Commercial Division Before: G A Kinsey, General Member Decision: The Respondent DB Homes Pty Ltd is to pay the Applicants Huy Bui and Suzanne Bui the sum of $5,000.00 within 14 days of the date of these orders. Catchwords: Compensation Legislation Cited: Home Building Act 1989 Cases Cited: Bellgrove v Eldridge [1954] HCA36;[1954] 90CCR 613 Hadley v Baxendale (1854) 89 Ex 341 Macquarie Grove Homes Pty Ltd v Tony Aylott & Glen Aylott t/as T & G Bricklaying; Tony Aylott & Glen Aylott t/as T & G Bricklaying v Macquarie Grove Homes Pty Ltd [2016] NSWCATAP 142 Category: Principal judgment Parties: Huy Bui and Suzanne Bui (Applicants ) DB Homes Pty Ltd (Respondent) Representation: Applicants in person; Mr Rory Sidey of Johnsons Solicitors for Respondent File Number(s): HB 16/22637 Publication restriction: Unrestricted

Judgment

APPLICATION 1. In an application filed in the Tribunal Registry on 12 May 2016, the applicants ("the homeowners") sought orders for the respondent ("the builder") to rectify defects and to complete the works in accordance with the building contract between the parties. They estimated the cost of rectifying the defects and completion of the outstanding works was $30,000.00. 2. On 8 November 2016 the Tribunal directed the homeowners to file and serve a list of claims on or before 18 November 2016. The time for compliance with the order was extended to 2 December 2016. 3. In a document filed on 2 December 2016 the homeowners amended their claim to include compensation for loss of income due to delay by the builder in completing the project and the additional estimated cost of heating and cooling of the building due to "insufficient insulation".