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ARTICLE · 17 JULY 2016

Residential Focus - 13 July 2016

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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We discuss a recent decision on a claim to recover money from a sub-contractor.

AustraliaReal Estate and Construction
Christine Jones
Christine Jones
Jarrad McCarthy (Formerly With Holding Redlich)
Jarrad McCarthy (Formerly With Holding Redlich)
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Macquarie Grove Homes Pty Ltd v Tony Aylott & Glen Aylott t/as T&G Bricklaying; Tony Aylott & Glen Aylott t/as T&G Bricklaying v Macquarie Grove Homes Pty Ltd [2016] NSWCATAP 142

In this edition we look at a decision of the Appeal Panel arising from a claim to recover money from a sub-contractor following breach of the statutory warranties in s 18B of the Home Building Act 1989 (NSW) (the Act).

The Builder sought to recover from the Sub-contractor an amount that the Builder had, by consent, in separate proceedings agreed to pay the homeowners for defective work allegedly carried out by the Sub-contractor. In the Tribunal below it was held that the Builder was entitled to recover the sum of $26,364 but was not entitled to legal costs as they were too remote. The Builder appealed the costs decision. The Sub-contractor also appealed.

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