Catapult Constructions Pty Ltd v Denison No 2 [2018] NSWCATAP 186

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Catapult Constructions Pty Ltd v Denison No 2 [2018] NSWCATAP 186 Hearing dates: On the papers, submissions by both parties dated 19 June 2018 and further Submissions by Appellant dated 20 July 2018 Date of orders: 01 August 2018 Decision date: 01 August 2018 Jurisdiction: Appeal Panel Before: Ian Bailey AM SC, Senior member Gregory Sarginson, Senior member Decision: 1. The Appellant shall execute the following Rectification Works to the residence of the Respondent generally in accordance with:

a) NiTma Project 1658S drawing 3 of 4 dated 13 October 2014 (the NiTmA Drawing), and

b) ADC Design Group Drawings S3A (FB4 Detail) and S2C for the Southern Wall (the ADC Drawings):

As to the scope of work: (The Rectification Works) (1) Excavate behind the western and southern retaining walls to the base of the concrete footings.

(2) Install compliant temporary shoring in the course of excavation and execution of work.

(3) Install waterproofing (tanking) to the internal face of the footing and retaining walls to the full height of the unexposed surface of the retaining walls.

(4) Install subsoil AG drainage behind the full length of retaining walls at the base of the excavation discharging at external ground level of the northern end of the western retaining wall and south-eastern corner of southern retaining wall, with connection to stormwater system in accordance with Clause 3.1.2.4 of the NCC.

(5) Install a compliant Kordon termite protection system at the granny flat level.