Culina v Timilty Constructions PL

Dean Culina brought a claim against Timilty Constructions PL in the NSW Civil and Administrative Tribunal, alleging that the respondent had performed defective work in connection with the construction of a home. The claim was brought pursuant to the Home Building Act 1989 (NSW), which provides a statutory scheme for the resolution of disputes between home builders and consumers. The applicant sought a work order to remedy the defects, an order for the payment of money in the alternative, and an order for costs. The respondent denied liability and opposed the orders sought.

The primary issue for the Tribunal was whether the respondent was liable for defective work under the statutory scheme. This required an analysis of the statutory provisions and case law, as well as the factual evidence in the matter. The Tribunal considered whether the respondent had breached its obligations under the Act, and if so, what remedy was appropriate. The respondent argued that it had met its obligations and that the defects were not its fault.

The Tribunal found that the respondent was liable for the defective work and ordered that the respondent pay the applicant $61,012.08. The Tribunal found that the respondent had breached its obligations under the Home Building Act 1989 (NSW) and that the defects were the result of poor workmanship. The Tribunal also made orders in relation to costs, including a timetable for the filing and serving of cost applications and responses.