CONSTRUCTION - Home Building Act – s 94(1A) – quantum meruit not just and equitable.
Michelle McMahon appeared for the home owner.
Smyth & McDonald v Mason & Mason Investments Pty Ltd t/as House Logic Solutions [2016] NSWCATCD 68
HOME BUILDING – unlicensed contractor – company in administration – proceedings stayed against company – sole director of company joined in personal capacity – misleading and deceptive conduct by sole director
Michelle McMahon appeared for the homeowners
Thompson v Chapman [2016] NSWCATAP 6
HOME BUILDING - Appeal - Costs- Power to award costs in building claims under the Consumer Trader and Tenancy Tribunal Act and the Civil and Administrative Tribunal Act, general discretion, entitlement to costs where “indulgence” sought by successful applicant, relevance of s94(1A) application to exercise of discretion.
LEGISLATION: Home Building Act 1989 - Civil Procedure Act, 2005 - Consumer, Trader and Tenancy Tribunal Act 2001 - Consumer, Trader and Tenancy Tribunal Regulation 2002 - Civil and Administrative Tribunal Rules, 2014 - Conveyancing Act 1919.
Michelle McMahon appeared for the successful respondent.
Whitley v Director General, NSW Fair Trading [2015] NSWCATOD 155
ADMINISTRATIVE LAW - Fit and proper person – contractor licence - alleged improper conduct – whether allegations made out on evidence – nature of allegations – circumstances of allegations- fit and proper in absence of breach.
Dr Stephen Tully appeared for the successful applicant.
Thompson v Chapman [2015] NSWCATAP 233
APPEAL — home building - defects - assessment of quantum meruit.
Farah v Elias [2015] NSWSC 1417
COSTS – where plaintiff sought prerogative relief with respect to proceedings in NCAT – where proceedings in this Court not pursued – where costs of proceedings to be determined by reference to issues that remain undecided in NCAT– whether plaintiff in this Court would have succeeded in NCAT – where costs should be paid by the defendant whose proceedings in NCAT were likely to fail.
Lauer & Ng v Corner [2015] NSWCATCD 114
Counsel | Michelle McMahon
ADMINISTRATIVE LAW - home building - identity of builder - multiple causes of action claimed -Australian Consumer Law and residential building works - misleading and deceptive conduct - restitution - entitlement of unlicensed builder to retain payments in absence of quantum merit claim - damages.
Akkari v Sartor [2015] NSWCATAP 79
APPEAL - appeal against orders of the Consumer and Commercial Division of the Civil and Administrative Tribunal - home building - rectification order against weight of the evidence - failure to state reasons - appeal allowed - matter remitted for rehearing.
Pandeli v Hou [2015] NSWCATAP 58
APPEAL - questions of law - breach of warranty under Home Building Act,1989 (NSW) - whether evidence discharged burden to prove breach of statutory warranties.
CONTRACT - terms of contract between the parties - work to be done - objective assessment of contractual terms - work done by contractor - warranty to undertake work in proper and workmanlike manner.
EVIDENCE - no adequate evidence as to quantum of appellants’ loss - remittal for determination on proper evidence.