Jandson Pty Ltd v Syed Ahmad Shoaib Ali Pty Limited As Trustee for Syed Family Trust and Ors [2018] NSWCATCD 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jandson Pty Ltd v Syed Ahmad Shoaib Ali Pty Limited As Trustee for Syed Family Trust and Ors [2018] NSWCATCD 5 Hearing dates: 30 November 2017 Date of orders: 26 February 2018 Decision date: 26 February 2018 Jurisdiction: Consumer and Commercial Division Before: S Thode, Senior Member Decision: (1) The first respondent shall pay $17,930.56 to the applicant immediately Catchwords: BREACH OF CONTRACT - repudiation– cause of action arising under contract – whether s94(1A) of the Home Building Act 1989 is a bar to a claim for damages for breach of contract in circumstances where no home warranty insurance policy was issued - quantum meruit Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Insurance Contract Act 1984 (Cth) Cases Cited: Eddy Lau Constructions Pty Ltd v Transdevelopment Enterprise Pty Ltd [2004] NSWSC 273 Grygiel v Bain & Ors [2005] NSWCA 218 Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221 Pender v Robwenphi Pty Ltd [2008] NSWSC 1144 Tudor Developments Pty Ltd v Makeig [2008] NSWCA 263 Category: Principal judgment Parties: Jandson Pty Ltd (applicant builder) Syed Ahmad Shoaib Ali Pty Limited As Trustee for Syed Family Trust (first respondent homeowner) Syed Ahmad Shoaib Ali (second respondent as guarantor for the first respondent) Representation: Counsel: A Smith (homeowner)