Home Building

Stevenson v Ashton

From the Civil and Administrative Tribunal New South Wales:

BUILDING AND CONSTRUCTION – Home Building – successor in title seeking compensation for allegedly defective work from owner-builder – when work was complete – defective work – whether major defect – whether defect in a major element – what constitutes waterproofing – cost of rectification – whether work order should be made in respect of defective work carried out pursuant to owner-builder permit.

Michelle McMahon represented the Respondent.

Reasons for Decision can be found here.


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

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

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.