Late Evidence may be No Evidence

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Late Evidence may be No Evidence

November 21, 2024

Syed v Delcon Group Pty Ltd [2024] NSWCATCD 33

FACTS

This case involved a dispute between Mrs. Nausheen Syed (the homeowner) and Delcon Group Pty Ltd (the builder) over rectification costs for defective residential building work. A contract was executed for a three-storey residence including an in-ground swimming pool and other structures. After moving in, the owner identified numerous defects, including water ingress and structural issues.

The proceedings were brought before the NSW Civil and Administrative Tribunal (NCAT). Despite various opportunities, Delcon failed to provide sufficient evidence or properly address critical issues, including whether they should be allowed to rectify the defects themselves. Late in the process, Delcon applied to reopen the case to submit additional evidence, which the Tribunal declined.

ISSUE

1. Should the Tribunal reopen the proceedings to admit further evidence from Delcon?

2. Whether the defects constituted “major defects” under the Home Building Act 1989 (NSW).

3. Determining the appropriate remedy: money order or work order.

FINDING…

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