Jason and Michelle Zammit trading as Zammit's Quality Constructions v Saul Markunsky and Shereen Markunsky

Jason and Michelle Zammit, trading as Zammit’s Quality Constructions, brought an action against Saul and Shereen Markunsky regarding a dispute related to the construction of a residential property. The dispute involved alleged defects in the construction work carried out by Zammit’s Quality Constructions, and the Markunskys' refusal to pay the full amount due for the work completed. The case was heard in the Consumer, Trader and Tenancy Tribunal (CTTT).

The primary legal issues the CTTT had to address were the application of section 94(1A) of the Home Building Act 1989, which deals with the payment for home building work, and the calculation of damages for any defects in the construction. Specifically, the court had to determine whether the Markunskys were liable to pay the full amount claimed by Zammit's Quality Constructions and if the amount claimed was fair and reasonable given the defects and any mitigating actions taken by Zammit's Quality Constructions.

The CTTT found that the Markunskys were liable to pay the full amount claimed by Zammit's Quality Constructions as per section 94(1A) of the Home Building Act 1989. The court determined that the amount claimed was fair and reasonable, taking into account the nature and extent of the defects and the efforts made by Zammit's Quality Constructions to mitigate their losses. The court held that the Markunskys were not entitled to a reduction in the payment due to the defects or the failure to mitigate losses, as the defects were significant and the mitigation efforts were insufficient. The CTTT ordered the Markunskys to pay the full amount of $17,489.40 to Zammit's Quality Constructions within 14 days of the order. Additionally, the CTTT outlined the procedure for any costs application to be made by either party in relation to the proceedings.