B and W Windows (Residential) Pty Ltd v Franjulis; Franjulis v B and W Windows (Residential) Pty Ltd

In the case of B and W Windows (Residential) Pty Ltd v Franjulis; Franjulis v B and W Windows (Residential) Pty Ltd, the parties involved were B and W Windows (Residential) Pty Ltd, a home building company, and Nicholas Frangulis, a homeowner. The dispute arose from a building contract and subsequent disputes over the quality of the work performed. The matter was heard in the Consumer, Trader and Tenancy Tribunal (CTTT) of New South Wales. The homeowner alleged that the company had failed to complete the building works to a satisfactory standard, while the company argued that it had fulfilled its contractual obligations and that the homeowner's claims were unfounded.

The primary legal issues the court had to address were whether the company had breached the terms of the building contract and, if so, to what extent. Additionally, the court had to determine the appropriate allocation of costs between the parties, considering the outcome of the dispute and the conduct of the proceedings. The homeowner argued that the company had not completed the works in a workmanlike manner and had failed to remedy defects. The company, on the other hand, contended that it had fulfilled its contractual obligations and that the homeowner's claims were vexatious.

The tribunal found in favour of the company, concluding that the homeowner had not established that the company had breached the building contract. The tribunal noted that the homeowner had not provided sufficient evidence to support his claims of poor workmanship and had failed to remedy defects. The tribunal also considered the conduct of the proceedings, finding that the homeowner's claims were unreasonable and without merit. As a result, the tribunal ordered that the homeowner pay the company's costs on the ordinary basis up to 30 March 2016 and on an indemnity basis thereafter.