Mac v Antworks Pty Ltd

Colin Mac and Nina Mac sued Antworks Pty Ltd for breach of a building contract. The dispute involved claims of defective and incomplete work, as well as the termination of the contract. The Consumer, Trader and Tenancy Tribunal heard the matter and ultimately found in favour of the Macs. The tribunal ordered Antworks to pay the Macs $108,774.64, deliver certificates relating to the Termite, Timber Framing and Glazing Works, and permitted the parties to apply for costs.

The legal issues before the tribunal included whether Antworks was entitled to extensions of time to complete the work and whether the Macs were justified in terminating the contract due to Antworks' defective and incomplete work. The tribunal examined the terms of the contract, the timelines set forth, and the quality of the work completed. The tribunal also assessed whether the Macs were entitled to liquidated damages and whether Antworks had breached the contract by failing to deliver the required certificates.

The tribunal found that Antworks was not entitled to extensions of time and that the Macs were justified in terminating the contract due to Antworks' defective and incomplete work. The tribunal rejected Antworks' claim that it had acted reasonably and with due care in carrying out the work. The tribunal also held that the Macs were entitled to liquidated damages and that Antworks had breached the contract by failing to deliver the required certificates. The tribunal ordered Antworks to pay the Macs $108,774.64, deliver the certificates, and permitted the parties to apply for costs.

The tribunal ordered Antworks to pay the Macs $108,774.64 immediately and deliver the relevant certificates. The tribunal also permitted the parties to apply for costs, setting out a process for the parties to follow in making and responding to costs applications. The tribunal emphasised that any costs application must be lodged in the Tribunal and served on the costs respondent within 21 days of the date of the tribunal's order. The tribunal also set out a process for the parties to follow in making and responding to costs applications.