Gannon Construction Pty Ltd v Brooks [2017] NSWCATAP 168

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gannon Construction Pty Ltd v Brooks [2017] NSWCATAP 168 Hearing dates: 23 June 2017 Date of orders: 23 June 2017 Decision date: 23 June 2017 Jurisdiction: Appeal Panel Before: M Craig QC, Principal Member M Harrowell, Principal Member P Durack SC, Senior Member Decision: 1. The appeal is dismissed. 2. The stay granted on 18 April 2017 is lifted. 3. The Appellant is to pay the costs of the Respondent as agreed or assessed. Catchwords: APPEAL – home building contract – breach of statutory warranties - clause permitting limitation of builder's liability – construction of the clause Legislation Cited: Home Building Act 1989 (NSW) Home Building Regulation 2004 Cases Cited: Li v MACD Developments Pty Ltd [2105] NSWCATAP 287 Pastrovic & Co Pty Ltd v Farrington [2011] NSWDC 94 The Craftsmen Restoration and Renovations v Thomas Boland, Thomas Boland v The Craftsmen Restoration and Renovations [2008] NSWSC 660 Category: Principal judgment Parties: Gannon Construction Pty Ltd (Appellant) Christopher Brooks (Respondent) Representation: Counsel: B Douglas-Baker (Appellant) E Chrysostomou (Respondent)

Solicitors: Crafers Law (Appellant) Mills Oakley Lawyers (Respondent) File Number(s): AP 17/14873 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2017] NSWCATCD 12 Date of Decision: 2 March 2017 Before: T Simon, Senior Member File Number(s): HB 15/64567