Robust Builders Pty Ltd v Bhardwaj [2020] NSWCATAP 24

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Robust Builders Pty Ltd v Bhardwaj [2020] NSWCATAP 24 Hearing dates: 22 January 2020 Date of orders: 21 February 2020 Decision date: 21 February 2020 Jurisdiction: Appeal Panel Before: S Thode Senior Member J Currie Senior Member Decision: The appeal is dismissed. Catchwords: APPEAL – Home Building – No error of Law Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Drivas v Burrows [2014] NSWCATAP 87; Fox v Percy (2003) 214 CLR 118; John Holland Pty Limited v Kellogg Brown & Root Pty Ltd [2015]; NSWSC 451; Mamo v Surace (2014) 86 NSWLR 275 Texts Cited: None cited Category: Principal judgment Parties: Robust Builders Pty Ltd (Appellant) Madhu Bhardwaj (First Respondent) Nisha Bhardwaj (Second Respondent) Representation: Counsel: M. McMahon (Appellant) P. Horobin (Respondents) File Number(s): AP 19/47109 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 24 September 2019 Before: D Goldstein, Senior Member File Number(s): HB 17/42149; HB 17/52179

reasons for decision

Introduction 1. This is an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 against a decision made in the Consumer and Commercial Division of the Tribunal on 24 September 2019. 2. The application to the Tribunal was brought by Mr and Mrs Bhardwaj (the owners) against Robust Builders Pty Ltd (the builder) for damages for breach of statutory warranty. The builder filed a cross-application seeking damages for loss of profit and unpaid variations. The builder was ordered to pay to the owners the sum of $154,463. The builder appealed. 3. For the reasons set out below, we have decided to dismiss the appeal.