Chuang v New Legend Global Developments Pty Ltd [2017] NSWCATCD 101

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chuang v New Legend Global Developments Pty Ltd [2017] NSWCATCD 101 Hearing dates: 4 October 2017 Date of orders: 20 November 2017 Decision date: 20 November 2017 Jurisdiction: Consumer and Commercial Division Before: P French, General Member Decision: 1. The applicant is granted leave to be legally represented at this final hearing of the matter.

2. Pursuant to section 48O(1)(a) of the Home Building Act 1989 the respondent, New Legend Global Developments Pty Ltd, (redacted) is to pay the applicant, Pi-Feng Chuang, (redacted) the sum of $41,994.45 immediately.

3. Pursuant to section 48O(1)(b) of the Home Building Act 1989 the Tribunal orders that $50,000.00 in project management fees payable to the respondent and/or Mr Kuan-Shen Shih under the terms of the home building contract is not due or owing.

4. Pursuant to Rule 38 of the Civil and Administrative Tribunal Rules 2014 the respondent, New Legend Global Developments Pty Ltd, (redacted) is to pay the applicant, Pi-Feng Chuang, (redacted) the sum of $3,080.00 immediately, being the costs of her expert report.

5. Pursuant to Rule 38 of the Civil and Administrative Tribunal Rules 2014 the respondent, New Legend Global Developments Pty Ltd, (redacted) is otherwise to pay the applicant, Pi-Feng Chuang, her costs of the proceeding as agreed or as assessed on the ordinary basis pursuant to the provisions of the Legal Profession Uniform Law Application Act 2014. Catchwords: HOME BUILDING – claim by a homebuilder for compensation from a builder for costs of rectifying incomplete and defective home building works; claim by a homebuilder for refund of project management fees paid to a builder in circumstances where the building works were incomplete and defective – claim that the builder engaged in misleading and deceptive conduct – homebuilder's entitlement to compensation established on the evidence – homebuilder's entitlement to a refund of project management fees not established on the evidence - homebuilder's entitlement to relief from payment of project management fee established on the evidence