NEW SOUTH WALES COURT ISSUES JUDGEMENT ON GREGORY JOHN KING V/S GRANNY FLAT SOLUTIONS CASE

Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27:

1. This is an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 (the NCAT Act) against a decision made in the Consumer and Commercial Division of the Tribunal on 28 November 2024 in application numbered 2024/00256305 (Decision).

2. The parties had entered into a home building contract for the construction of a granny flat dated 15 January 2024. Disputes arose between the parties from that contract which ultimately lead to the appellants filing the Tribunal application, initially for a work order, but at some point it was amended to include money orders for refunds of payments made as part of the contract price and compensation for loss of rent.

3. The Decision was to the following effect:

1) Order 1 - the respondent (Granny Flat Solutions Pty Limited) to pay the appellants (Mr King and Mrs King) the sum of $332.50;

2) Order 2 - the application otherwise dismissed.

4. The Decision was made pursuant to the Tribunal's jurisdiction to determine building claims under s 48K of the Home Building Act 1989 (NSW).

5. Both the appellants and Mr Antoun on behalf of the respondent attended the hearing of the Appeal.

6. The appellants appeal from that part of the Decision which dismissed the balance of their application.

7. The appellants confirmed at the hearing of the Appeal that they made the following claims before the Tribunal which were the subject of the dismissal order, being Order 2:

1) A work order that the respondents move the spoil from the excavation site to behind the retaining wall at the respondent's cost;

2)The respondent refund to the appellants the provisional sum cost of $4000;

3) The respondent pay the appellants compensation for loss of rent of the granny flat at the rate of $480 per week from 30 August 2024 to the present;

4) The respondent refund to the appellants the provisional sum cost of $1500 charged for additional trenching and digging costs.

8. Mr Antoun confirmed that his understanding was that these claims were the subject of the dismissal order of the Tribunal and were the subject of the Appeal.

9. The appellants confirmed that they were not appealing Order 1 which was for the respondent to pay the appellants $332.50.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197aa526ceda89f7a3cbb240)

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