Nationwide Builders Pty Ltd v Le Roy [2019] NSWCATAP 220

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nationwide Builders Pty Ltd v Le Roy [2019] NSWCATAP 220 Hearing dates: 24 July 2019 Date of orders: 30 August 2019 Decision date: 30 August 2019 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member D Charles Senior Member Decision: (1) Leave to appeal is refused. (2) The Appeal is dismissed. Catchwords: HOME BUILDING – rectification and completion costs – damages for late completion

DISCRETION – order making power under s 48O of Home Building Act – application of preferred outcome principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP 23 Suttor v Gundowda Pty Ltd [1950] HCA 35; (1950) 81 CLR 418 The Owners - Strata Plan No 76674 v Di Blasio Constructions Pty Ltd [2014] NSWSC 1067 Texts Cited: None cited Category: Principal judgment Parties: Nationwide Builders Pty Ltd (Appellant) Grace Le Roy and Jose Le Roy (Respondents) Representation: Counsel: C Stomo (Appellant)

Solicitors: Concordia Legal (Appellant) Respondents (Self Represented) File Number(s): AP19/24107 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 15 May 2019 Before: I Bailey AM SC, Senior Member File Number(s): HB 18/41885