The OWNERS - STRATA PLAN NO. 57748 v Tavendale

The Owners - Strata Plan No. 57748 (the Owners) brought proceedings against Tavendale (the Defendant) concerning alleged breaches of the *Strata Schemes Management Act 2015* (NSW) and the *Home Building Act 1989* (NSW). The dispute centred on the Defendant's alleged failure to properly complete building work and rectify defects in a strata scheme. The matter was heard in the NSW Civil and Administrative Tribunal (NCAT).

The Tribunal was required to determine whether the Defendant had breached its statutory obligations under the *Home Building Act 1989* by failing to complete the building work in a proper and workmanlike manner and by failing to rectify defects within a reasonable time. It also considered whether the Owners were entitled to an order for the rectification of the defects and compensation for the cost of rectifying those defects.

The Tribunal found that the Defendant had breached its obligations under the *Home Building Act 1989*. It was satisfied that the building work was not completed in a proper and workmanlike manner and that defects existed which the Defendant had failed to rectify. The Tribunal applied the principles of statutory interpretation to the relevant provisions of the *Home Building Act 1989*, focusing on the duty of builders to perform work with due care and skill and to ensure that the work is fit for purpose. The Tribunal also considered the evidence presented regarding the nature and extent of the defects and the cost of rectification.

The Tribunal ordered the Defendant to pay a sum of money to the Owners representing the cost of rectifying the defects.