Smith v Slater

The dispute in Smith v Slater involves a claim for damages filed by Graham Smith against Matthew Slater, a contractor. Smith alleged that Slater, who was not a licensed contractor, performed defective and incomplete work on a residential building project. The matter was heard in the NSW Local Court. The central legal issues revolved around whether Slater's unlicensed status constituted a breach of the Home Building Act 1989, and if so, whether Smith was entitled to damages for the defective work. Additionally, the court had to consider the quantum of damages Smith was owed if Slater's actions were found to be unlawful.

The court found that Slater's unlicensed status indeed constituted a breach of the statutory requirements outlined in the Home Building Act. This breach was sufficient to establish liability for the defective and incomplete work. In determining the amount of damages, the court considered the costs associated with rectifying the defects and any additional costs Smith incurred due to Slater's actions. The court concluded that Slater was liable for the total sum of $19,206.00, representing the reasonable cost of completing the work to a satisfactory standard.

Following the court's determination, Matthew Slater was ordered to pay Graham Smith $19,206.00, with the payment due by 17 August 2021. The decision underscores the importance of compliance with licensing requirements for contractors under the Home Building Act, and affirms that unlicensed work can result in significant financial liability for the party that engages such contractors.