Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23:

1. This is an appeal (2024/00423490) and cross-appeal (2024/00423504) from orders made in the Consumer and Commercial Division (CCD) of the NSW Civil and Administrative Tribunal (NCAT) which were delivered on 14 October 2024 in relation to a Home Building application (2023/00433919) and cross-application (2023/411005).

2. The appellant in 2024/00423490 (the Owner's appeal) is Jacob Trindorfer (the Owner). The respondent in that matter is Civil Project Management Group Pty Ltd (the Builder). The same parties appeared in 2024/00423504 (the Builder's cross-appeal), where the Builder was the appellant and the Owner was the respondent.

3. The dispute related to a building contract which the parties entered into on 12 March 2021 for the supply and construction of a shed on the Owner's land in Erowal Bay for a contract price of $87,400. The Tribunal at first instance found that the Owner was entitled to damages from the Builder for breach of the statutory warranties in relation to the construction of the slab for the shed. The Tribunal also found that the Builder was entitled to payment under the Contract up to the point of completion of the slab.

4. For the reasons set out below we have decided:

1) In the Owner's appeal: The Owner has demonstrated that the Tribunal at first instance made an error on a question of law by applying the wrong legal principle in the assessment of damages. Accordingly, Orders 1 and 3 made by the Tribunal have been set aside and the matter has been remitted for reconsideration of the damages to be awarded to the Owner for the removal and replacement of the slab;

2) In the Builder's cross-appeal: The Builder has not demonstrated an error on a question of law and the Builder's cross-appeal has been dismissed.

Proceedings in the Consumer and Commercial Division

Background

5. In the Home Building application (the Owner's claim), the Owner sought damages in the sum of $87,400.00 for the cost of rectifying defective building works, or an order that the Builder return to the property to complete the building works and rectify any defects and costs.

6. In the cross-application (the Builder's claim), the Builder sought orders for the Owner to pay $85,945.00, interest and costs.

7. The essential facts as set out in the Tribunal's decision (the decision) were not disputed on appeal. Paragraph references in the outline below refer to the paragraphs of the decision.

8. The Owner and the Builder had been in discussions since about 11 October 2019 regarding quotes for the construction of a concrete slab and supply and installation of a shed on the Owner's property. The final quote on 1 March 2021 was $87,396 and the parties entered into an agreement to carry out the works for a price of $87,400.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196f51b4cd735d2618e71156)

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