Christopher Kerrie Gates v Crown Constructions Pty Limited

The case before the tribunal was a claim by Christopher Kerrie Gates against Crown Constructions Pty Ltd, regarding building defects in a residential property. The applicant alleged that the respondent, a building contractor, had failed to complete the construction of the property in accordance with the agreed terms and had not rectified defects that had been identified. The dispute came before the tribunal under the Home Building Act 1989, which provides a statutory scheme for resolving disputes between homeowners and builders.

The primary legal issues before the tribunal were whether the respondent had failed to complete the works in a workmanlike manner and whether the respondent had failed to remedy defects that were identified after the works were completed. The applicant argued that the respondent had not met the required standard of workmanship and had not properly addressed the defects that were identified. The respondent, on the other hand, argued that it had completed the works in accordance with the contract and that any defects that had been identified were not the result of poor workmanship.

After considering the evidence presented by both parties, the tribunal found that the respondent had failed to complete the works in a workmanlike manner and had not properly remedied the defects that were identified. The tribunal found that the respondent had not complied with the relevant building standards and had not taken reasonable steps to address the defects that were identified. The tribunal also found that the respondent had not provided the applicant with a completion certificate, as required by the building Act. Based on these findings, the tribunal ordered the respondent to pay the applicant the amount of $5,060.00 within 28 days of the date of the order.