NSWNSWCATAP
Rekrut and Scott v Champion Homes Sales Pty Ltd; Champion Homes Sales Pty Ltd v Rekrut and Scott
[2018] NSWCATAP 64
NCAT Appeal Panel|2018-03-15|Before: Wright J
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Source factsCourt
NCAT Appeal Panel
Decision date
2018-03-15
Before
Wright J
Source
Original judgment source is linked above.
Judgment (3 paragraphs)
[1]
rEASONS FOR DECISION
- On 13 September 2017, the Appeal Panel handed down its decision in relation to these two appeals - Rekrut and Scott v Champion Homes Sales Pty Ltd; Champion Homes Sales Pty Ltd v Rekrut and Scott [2017] NSWCATAP 187 (the principal decision).
- In AP 17/04738, the owners, Mr Rekrut and Ms Scott, were the appellants and the builder, Champion Homes Sales Pty Ltd, was the respondent. In AP 17/09469, the builder was the appellant and the owners, the respondents.
- The Appeal Panel's orders made on 13 September 2017 included order 7 which was in the following terms (see the notice of decision and [445] of the principal decision): "7. The following claims made in proceedings HB 13/66604 are remitted to the Consumer and Commercial Division to be reconsidered in accordance with the directions in order 8 below: a. The claim for "Variation 10-Hydraulic Design, Survey and Engineer Inspections and PCA (SS) site inspections" dealt with at [88] to [101] of the reasons for decision of 23 December 2016 (the "Reasons"); b. The claim for "Stormwater Detention System" dealt with at [139] to [182] of the Reasons; c. The claim for "Damages for Failure to reach Practical Completion" dealt with [233] to [308] of the Reasons; d. The claim for "Water Supply to Original Residence", item 8.5.6 in the Scott Schedule attached to the Joint Memorandum of Experts Conclave in proceedings HB 13/66604 signed by Mr Dietrich and Mr Zakos (the "Scott Schedule"); e. The claim for "Bushfire Construction Requirements: Water Supply for Fire Fighting", item 8.7 in the Scott Schedule."
- Order 7 was intended to give effect to the Appeal Panel's decision to uphold certain grounds of appeal and to remit the related claims for redetermination in the Consumer and Commercial Division. At [7] of the principal decision is a summary of the outcomes of the appeals in respect of each of the 18 claims made in proceedings HB 13/66604. Those 18 claims are identified in the table at [40] of the principal decision.
- Although claim 7, summarised in [40], was intended to be remitted for reconsideration by the Consumer and Commercial Division as foreshadowed in [7] and [244] of the principal decision, no order was made in order 7 to give effect to this aspect of the decision.