Gashparac v Broadview Windows Pty Ltd

The dispute between Gashparac and Broadview Windows Pty Ltd was heard in the Victorian Civil and Administrative Tribunal. The Applicant, Gashparac, sought a refund of the cost of a second bathroom window and the costs incurred in the Tribunal, along with the supply of new window horns that matched the description provided in a Schedule. Broadview Windows Pty Ltd, the Respondent, was required to provide these items and respond to the Applicant’s claims.

The primary legal issues for the Tribunal to decide were whether the Respondent was obligated to provide a refund for the second bathroom window, whether the Respondent was required to supply new window horns, and whether the Tribunal had the authority to order the Respondent to provide the new window horns and a refund. The Tribunal also had to determine the appropriate timeframes for the Respondent to comply with these obligations.

The Tribunal found that the Respondent was required to refund the Applicant for the second bathroom window and to supply new window horns that matched the description in the Schedule. The Tribunal determined that it had the authority to order these remedies under the relevant legislation. The Tribunal ordered the Respondent to pay the Applicant the sum of $4123.00 by 30 April 2015, which included a refund of the cost of the second bathroom window and the filing costs in the Tribunal. The Respondent was also ordered to supply new horns that matched the description in the Schedule for all windows that it had supplied to the Applicant, which required horns of that design. The Applicant was required to provide the Respondent with a document setting out the particulars for each window to be re-fitted by 30 April 2015, and the Respondent must supply the new window horns to the Applicant by 30 June 2015.