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Appeal Tribunal Overturns Damp Proof Order

In MDR Design and Construction Pty Ltd v Ferguson [2024] NSWCATAP 25, the Appeal Panel of NCAT overturned part of a decision in a dispute between a builder and the owners of a property.  

The Claim: the owners alleged that the builder breached statutory warranties under the Home Building Act 1989 by not waterproofing the walls of the building. The Tribunal initially ordered the builder to pay the owners $218,615.79, which included the cost of installing a chemical damp proof course.  

The Appeal: the builder appealed the decision, and the Appeal Panel accepted the appeal, cancelling the order for the chemical damp proof course. The Appeal Panel sent the issue back to the Tribunal for decision and ordered the builder to pay the owners the undisputed amount of $158,255.79.  

Takeaway: a key takeaway is to make sure any evidence before the Tribunal, connects the rectification work with the cause of the damage. 

For more information about building and construction disputes, contact David Collins in the Mullane & Lindsay litigation team 

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