Stevenson v Ashton

In the matter of Stevenson v Ashton, the applicant, a successor in title of a residential property, sought compensation from the respondent, the original owner-builder, for allegedly defective work. The dispute centred on the condition of the property at the time of completion, specifically regarding the waterproofing system, and whether the defects amounted to a major defect in a major element. The applicant argued that the work was deficient and required rectification, which the respondent had failed to address properly. The matter was heard in the Civil and Administrative Tribunal of New South Wales.

The legal issues before the tribunal included defining what constitutes a "major defect" and a "major element" in the context of residential building works. Additionally, the tribunal had to determine whether the waterproofing system installed by the respondent met industry standards and if the cost of rectification was reasonable. The applicant contended that the work order should be made in respect of the defective work carried out under the owner-builder permit.

The tribunal found that the defects identified by the applicant were indeed major defects in major elements of the building. The waterproofing system was inadequate, leading to water ingress and other issues, which the tribunal deemed unacceptable. The tribunal held that the respondent was responsible for the defective work and ordered the respondent to pay the applicant $42,317.77 immediately to cover the cost of rectification. The tribunal also set out a process for either party to seek an order in relation to the costs of the proceedings, with specific timelines and considerations for determining costs. If no submissions were filed, the respondent would pay the applicant’s costs as agreed or assessed.