Smith v Slater

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Smith v Slater [2021] NSWCATCD 38

Hearing dates:

9 June 2021

Date of orders:

20 July 2021 [ amended 23 July 2021]

Decision date:

20 July 2021

Jurisdiction:

Consumer and Commercial Division

Before:

Ross, K, Senior Member

The decision made on 20 July 2021 is amended pursuant to s 63 of the Civil and Administrative Tribunal Act 2013 (NSW) and should read as follows: (amendments are shown in bold type)

Decision:

Matthew Slater is to pay Graham Smith the sum of $19,206.00, on or before 17 August 2021.

Catchwords:

BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Unlicensed contractor — Defective and incomplete work —​​​​​​​ Damages

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW)

Home Building Act 1989 (NSW)

Cases Cited:

Alexander & Anor v Gregoriou & Ors [2010] NSWDC 15 (22 February 2010)

Category:

Principal judgment

Parties:

Graham Smith

Matthew Slater

File Number(s):

HB 21/04094

Publication restriction:

unrestricted

REASONS FOR DECISION

Application

1. In December 2020 Mr Smith engaged Mr Slater to lay a concrete slab at his home in Mirrabooka. The work commenced in the first week of January 2021. A dispute arose, initially in respect of Mr Slater’s requirements for payment, and then escalating over the next two weeks. Eventually Mr Smith excluded Mr Slater from the site.

2. Mr Slater was not licensed to carry out the work. He provided a letter to Mr Smith stating that he had permission to use Warren Spicer’s licence “under supervision”. There is no evidence that Mr Spicer supervised the work.

3. Mr Smith alleges that the work carried out by Mr Slater is incomplete, is defective, has not been carried out in accordance with the contract and has caused damage to the stormwater pipes. He claims the following:

1. NCAT fee $27.11

2. Inspections and marking out by Cameron Building Services $3200.00

3. Re-works by Hughes Concrete $2950.00

4. Placement and finishing of concrete $4180.00

5. Concrete pump $950.00

6. Amount paid to Matthew Slater $7000.00

7. Subtotal $18307.11

8. Less cost of REO $1219.67

9. Sub total $17, 087.44

10. Additional cost to load, remove and dispose of corrugated iron and rubbish $1200.00

11. Cost of software to print out text messages $42.90

12. Cost printing (printer cartridges and paper $600.00

13. Cost of express post $39.40

14. Costs to replace cast iron grate $115.00

15. Additional claim: report costs for investigation of water leaks $480.00

16. Cost of repairs to stormwater drainage $9870.00

Jurisdiction

4. I am satisfied that the claim is a building claim in respect of residential building work. It is brought within 3 years of the date of supply of the building goods and services. The Tribunal has jurisdiction to hear and determine the claim.

The proceedings

5. These proceedings were commenced by Mr Smith on 29 January 2021. On 4 February 2021 the Tribunal directed that he provide the documents on which he intended to rely to the Tribunal and the other party within 14 days. Mr Smith filed and served a bundle of documents on 18 February 2021.

6. The matter…