Schmuelly v Elrob Construction Group Pty Ltd (No 3) [2025] NSWSC 118 — Misleading Or Deceptive Conduct & Repudiation — Barrister AI

Schmuelly v Elrob Construction Group Pty Ltd (No 3)

[2025] NSWSC 118

Supreme Court of NSW

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Catchwords

1. Consumer Law
2. › misleading or deceptive conduct
3. › whether builder misrepresented his experience in building luxury homes
4. › represented this was his “passion”
5. › whether representation made
6. › whether representation misleading
7. › “puffery”
8. › principles at [16]-[18].
1. Contracts
2. › repudiation
3. › principles at [99]-[101]
4. › building ‘stalls’ for a year
5. › owner indecisive about windows and doors quote
6. › builder requests shop drawings for layout and joinery, which are not forthcoming
7. › owner seeks legal advice but does not tell builder of complaints
8. › no response to builder’s follow ups
9. › builder advises intention to remove scaffolding
10. › no reply
11. › scaffolding removed.
1. Damages
2. › rectification of defects
3. › whether entitled to costs to complete works
4. › mitigation
5. › principles at [91]-[97]
6. › overpayments of milestone payments
7. › overcharged variations.

Case Details

Citation[2025] NSWSC 118

CourtNSWSC

JurisdictionNew South Wales

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Cited by3

Relies on18

2025Schmuelly v Elrob Construction Group Pty Ltd (No 2) (vacate trial)NSWSC 26
2024The Owners – Strata PlanNSWSC 1494
2022Aslan v StepanoskiNSWCA 24
2022In the Matter of Mediation & Online Dispute Resolution Operating Network Pty LtdNSWSC 5
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