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ARTICLE · 31 MARCH 2017

Residential Focus – 29 March 2017

Holding Redlich
Holding Redlich
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Holding Redlich

Holding Redlich

Holding Redlich is a large national commercial firm with offices in Melbourne, Canberra, Sydney,...

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This newsletter includes media releases, reports, cases, legislation and issues relating to residential property in NSW.

AustraliaReal Estate and Construction
Christine Jones
Christine Jones
Georgia Appleby
Georgia Appleby
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Galdona v Peacock [2017] NSWCATAP 64

The NCAT Appeal Panel recently considered an appeal by a builder that the Tribunal below had erred in failing to consider section 48MA of the Home Building Act 1989 (NSW) (the Act), that rectification of defective works by the responsible party is to be the preferred outcome.

This case arose out a contract for concreting works. In finding for the owner, the Tribunal ordered that the builder pay $17,257.90 to the owner, representing the cost of full replacement of the defective works.

The builder appealed this order as the cost of rectification was significantly below the cost of replacement. The owner argued that the Tribunal had made an error of law when it failed to consider and apply section 48MA of the Act, which stated:

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