Stevenson v Ashton [2018] NSWCATCD 25

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stevenson v Ashton [2018] NSWCATCD 25 Hearing dates: 2 November 2017, 3 November 2017 and 8 February 2018 Date of orders: 28 June 2018 Decision date: 28 June 2018 Jurisdiction: Consumer and Commercial Division Before: D A C Robertson, Senior Member Decision: (1) The respondent is to pay the applicant the sum of $42,317.77 immediately.

(2) Either party may file written submissions within 14 days seeking an order in relation to the costs of the proceedings.

(3) If either party files submissions in accordance with order (2), the other party may file submissions in response within a further 14 days.

(4) Any submissions filed in accordance with orders (2) and (3) must address the question whether the question of costs should be determined on the papers and without a hearing pursuant to s50(2) of the Civil and Administrative Tribunal Act.

(5) If no submissions are filed in accordance with orders (2) and (3), the respondent is to pay the applicant's costs of the proceedings as agreed or assessed. Catchwords: BUILDING AND CONSTRUCTION – Home Building – successor in title seeking compensation for allegedly defective work from owner-builder – when work was complete – defective work – whether major defect – whether defect in a major element – what constitutes waterproofing – cost of rectification – whether work order should be made in respect of defective work carried out pursuant to owner-builder permit WORDS AND PHRASES – "major defect" - "major element" - "waterproofing" Legislation Cited: Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) ss 3B, 18B, 18C, 18E, 48K, 48MA, 48O Home Building Amendment Act 2014 (NSW) Cases Cited: Allianz v Waterbrook [2009] NSWCA 224 Jones v Dunkel (1959) 101 CLR 298 Leung v Alexakis [2018] NSWCATAP 11 Sugar Australia Ltd v Conneq [2011] NSWSC 805 Texts Cited: Shorter Oxford English Dictionary Macquarie Dictionary Category: Principal judgment Parties: Phillip Stevenson (Applicant) Jacqueline Ashton (Respondent) Representation: Counsel: T Davie (Applicant) M McMahon (Respondent)