Huxley Homes Pty Ltd v Alexander Augustyn and Rebecca Augustyn; Alexander Augustyn and Rebecca Augustyn v Huxley Homes Pty Ltd

The matter before the court involved a dispute between the plaintiff, Huxley Homes Pty Ltd, and the defendants, Alexander Augustyn and Rebecca Augustyn, over residential building work that had been completed. The central issue was whether the work carried out was reasonably fit for occupation as a dwelling and whether there were defects related to mould that breached the warranties provided by the plaintiff. The case was heard in the Consumer, Trader and Tenancy Tribunal of Victoria.

The primary legal issue before the tribunal was to determine whether the work completed by the plaintiff was reasonably fit for occupation, considering the presence of mould. The tribunal had to examine the evidence provided by both parties and assess whether the mould was a result of poor workmanship or other factors. Another significant issue was the interpretation of the warranties provided by the plaintiff, specifically whether they covered the defects identified by the defendants.

The tribunal found that the work completed by the plaintiff was not reasonably fit for occupation due to the presence of mould. The tribunal concluded that the mould was a result of poor workmanship and that the plaintiff had breached the warranties provided. The tribunal ordered the plaintiff to pay the defendants the sum of $1,929.92 immediately. The applications made by the parties were otherwise dismissed. The tribunal granted leave for the parties to file and serve short written submissions on the issue of costs if they were unable to agree, with the option to request a hearing on the costs issue within 21 days of the date of the orders.