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ARTICLE · 19 JANUARY 2018

Residential Focus - 17 January 2018: Part 1

Holding Redlich
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This article discusses 3 NCAT cases about rectification of defective work and new developments in home building schemes.

AustraliaReal Estate and Construction
Christine Jones
Christine Jones
Eleanor Grounds
Eleanor Grounds
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The primacy of the preferred outcome

Three recent cases of the New South Wales Civil and Administrative Tribunal Appeal Panel (Appeal Panel) reinforce the primacy of s 48MA of the Home Building Act 1989 (NSW) (the Act), that is, that rectification of defective work is the preferred outcome.

Section 48MA of the Act provides:

A court or tribunal determining a building claim involving an allegation of defective residential building work or specialist work by a party to the proceedings (the responsible party) is to have regard to the principle that rectification of the defective work by the responsible party is the preferred outcome.

Thacker v Bonham [2017] NSWCATAP 217

In Thacker v Bonham [2017] NSWCATAP 217, a handwritten settlement agreement was signed by the owner, the builder and the Fair Trading inspector onsite. The relevant part of the settlement agreement read:

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