Long v Stair Lock Pty Ltd

In the matter of Long v Stair Lock Pty Ltd, the applicant, Long, sought redress under the Home Building Act 1989 (NSW) for alleged breaches of a statutory warranty by the respondent, Stair Lock Pty Ltd. The central issue revolved around the quality and specifications of a staircase installed by Stair Lock at Long's residence, specifically the material and dimensions of a post used in the staircase.

The legal issues the court had to determine included whether Stair Lock had breached the statutory warranty by supplying and installing a staircase that did not meet the specified requirements, and if so, what remedies were available under the Act. The primary focus was on whether the post supplied was of the correct material and length as per the contractual specifications.

The court found that Stair Lock had indeed supplied and installed a staircase that did not comply with the statutory warranty. The post in question was not of the required American Oak material and was shorter than specified. Consequently, the court ordered Stair Lock to replace the post with one made of American Oak, of a minimum length of 1979mm, within 28 days from the date of the decision. If Stair Lock failed to comply with this order by 20 July 2021, Long was granted leave to renew the application before the Tribunal. Otherwise, the application was dismissed.