Nick Manevski v Ben Jennings

[2014] NSWCATCD 179

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Nick Manevski v Ben Jennings [2014] NSWCATCD 179

Decision date:

12 September 2014

Before:

D Goldstein, Senior Member

Decision:

1. The respondent Ben Jennings must pay the applicant Nick Manevski the sum of $15,907.38 within 14 days of the date of this order.

2. Either party is at liberty to make a costs application in these proceedings.

3. Any costs application pursuant to section 53 of the Consumer, Trader and Tenancy Tribunal Act 2001 or rule 20 of the Consumer, Trader and Tenancy Tribunal Regulation 2009 must be lodged in the Tribunal and served on the costs respondent within 21 days of the date of this order either attaching or referring to the documents relied upon in support of the application.

4. The costs respondent will have 21 days after the date he receives the costs application referred to above, to lodge in the Tribunal and serve on the costs applicant his submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon.

5. The cost applicant will have 14 days after the date he receives the cost respondent's submissions to lodge in the Tribunal and serve on the costs respondent his submissions, if any, in reply, such submissions either attaching or referring to the documents relied upon.

6. The Tribunal will determine any costs application on the basis of the papers lodged in the Tribunal.

Catchwords:

Whether applicant entitled to damages for own labour, defective work.

Legislation Cited:

Home Building Act 1989
Consumer, Trader and Tenancy Tribunal Act 2001

Cases Cited:

Laurence Peter Thomas v Powercor Australia Limited [2011] VSC 586

Texts Cited:

None cited

Category:

Principal judgment

Parties:

Nick Manevski (applicant)
Ben Jennings (respondent)

File Number(s):

HB 13/59143

Publication restriction:

Unrestricted

reasons for decision

APPLICATION

1. In these proceedings the applicant seeks the sum of $53,884.00 from the respondent for rectification of allegedly defective residential building work carried out by the respondent under a contract with the applicant. The applicant also claimed in connection with work allegedly contracted for, but not carried out.

1. The applicant was having work carried out as an owner builder at premises situate at 33 Fisher Street Wollongong.

1. In these reasons for decision I will refer to the applicant as the owner builder and to the respondent as the builder.

1. These proceedings were finally heard in Wollongong on 1 August 2014. Neither party was legally represented.

1. The contract the subject of these proceedings was dated 8 October 2008 and consisted of a simple quotation. The contract does not comply with the provisions of the Home Building Act 1989 (the 'Act'), although nothing turns on that since the builder makes no claim against the owner builder in these proceedings.

1. The work that the builder was to carry out was described in the quotation as:

(a)   Build wall frames & trusses;

(b)   Bearers and joists;

(c)   Rear verandah;

(d)   Cladding, wall & gable;

(e)   Colourbond roofing;

(f)…