Kostos Pty Ltd v Vellios; Vellios v Kostos Pty Ltd

Kostos Pty Ltd, the builder, and Dimitri and Vicki Vellios, the homeowners, were the parties to a dispute heard by the Civil and Administrative Tribunal in New South Wales. The builder sought payment of $55,708.79, while the homeowners sought payment of $17,052 from the builder, as well as an order for the builder to rectify certain defects in the building works. The dispute arose from the construction of a residential building, and the quality of the works performed by the builder.

The legal issues before the Tribunal were whether the builder was entitled to the payment of $55,708.79, whether the homeowners were entitled to payment of $17,052 from the builder, and whether the builder was liable to rectify certain defects in the building works. The Tribunal also needed to determine the issue of costs in both applications.

The Tribunal found that the builder was entitled to the payment of $55,708.79, and that the homeowners were entitled to payment of $17,052 from the builder. The Tribunal also found that the builder was liable to rectify certain defects in the building works, other than items 6.34, 6.35, 6.49, 6.61 and 6.69 identified in the Todarello Report. The Tribunal ordered the immediate payment of $55,708.79 by the homeowners to the builder, and the immediate payment of $17,052 by the builder to the homeowners. The Tribunal also ordered the builder to rectify the identified defects, and made orders in relation to the issue of costs.

The Tribunal ordered that the builder is to immediately pay the homeowners $17,052, and that the homeowners are to pay the builder $55,708.79. The Tribunal also ordered the builder to carry out the identified works, other than the specified items. The Tribunal further ordered that the issue of costs may be determined on the papers and without further oral hearing, subject to the submissions of the parties.