Vasan v Georges Construction & Building Services Pty Ltd

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Vasan v Georges Construction & Building Services Pty Ltd [2023] NSWCATCD 84

Hearing dates:

10 May 2023

Date of orders:

18 August 2023

Decision date:

18 August 2023

Jurisdiction:

Consumer and Commercial Division

Before:

K Ross, Senior Member

Decision:

(1) Georges Construction & Building Services Pty Ltd is to pay to Anoch Vasan the sum of $66,171.95 immediately.

Catchwords:

BUILDING & CONSTRUCTION: Residential building work – work by unlicensed Builder – work incomplete and in breach of warranties in Home Building Act

Legislation Cited:

Home Building Act 1989

Civil and Administrative Tribunal Act 2013

Cases Cited:

Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305

Deacon v National Strategic Constructions Pty Ltd; National Strategic Constructions Pty Ltd v Deacon [2017] NSWCATAP 185

Category:

Principal judgment

Parties:

Anoch Vasan
Georges Construction & Building Services Pty Ltd

Representation:

Applicant in person
George Elias for respondent

File Number(s):

HB 22/55968

Publication restriction:

unrestricted

REASONS FOR DECISION

Application

1. The applicant is a homeowner who engaged the respondent to renovate his newly purchased property, pursuant to a contract dated 8 November 2022. Work commenced shortly after the agreement was signed. The parties fell into dispute in respect of the Builder’s claims for payment and the Homeowner contacted the Department of Fair Trading. The Homeowner then requested the Builder to provide a copy of his builder’s licence. The Builder refused to do so and the Homeowner terminated the agreement. The Homeowner now seeks repayment of the monies paid to the Builder and compensation for the cost of completing and rectifying the work. Full details of the claim are set out below.

2. The Builder opposes the orders sought.   

Jurisdiction

3. I am satisfied that this claim is a ‘building claim’ for the purposes of section 48A of the Home Building Act 1989 (HBA) as it is a claim for the payment of money that arises from a supply of goods or services supplied for or in connection with the carrying out of residential building work: (see definitions of “building claim” and “building goods or services” in s 48A(1), and “residential building work” in Sch 1 to the HBA).

4. The time limits for lodgement of building claims are set out in s 48K and s18E of the HBA. Relevantly, claims for breach of a statutory warranty must be brought within six years for a breach that results in a ‘major defect’ or two years in any other case: HBA s 18E(1)(b).

5. Where the work to which the claim relates was not completed, the warranty period starts on the date the contract was terminated, or if the contract was not terminated, the date on which work under the contract ceased: HBA s 18E(1)(d).

6. Claims for breach of contract must be brought within three years after the last date on which supply of the relevant building goods or services was made: HBA 48K(3).

7. In this case the Tribunal proceedings were commenced on 19 December 2022, which was approximately 2 months after…