Wood v J and G Constructions Pty Ltd

The matter of Wood v J and G Constructions Pty Ltd involved a dispute regarding the quality of construction work performed by the respondents, J and G Constructions Pty Ltd, for the applicant, Christina Jane Wood. The case was heard by the Civil and Administrative Tribunal (NCAT) under the provisions of the Home Building Act 1989 (NSW). The primary issues that the tribunal had to determine were whether the respondents could rely on a defence that the work was carried out in accordance with the homeowner's instructions, despite it being contrary to the advice, and whether the applicant had failed to provide access for the rectification of defects. Additionally, the tribunal considered whether the preferred outcome outlined in section 48MA should be applied in this case.

The tribunal found that the respondents were liable for the cost of rectifying the defects identified in the construction work. The tribunal rejected the respondents' argument that they were not liable because the work was carried out in accordance with the homeowner's instructions, despite it being contrary to the advice. The tribunal found that the respondents had not demonstrated that they had exercised the requisite level of due care and skill, and that the work was not fit for occupation as a dwelling. Furthermore, the tribunal found that the applicant had provided adequate access for the rectification of defects, and that the preferred outcome in section 48MA should be applied in this case.

The tribunal also considered the issue of costs. The tribunal found that there were no special circumstances justifying an order for costs. While the applicant had experienced a delay in finalising the application due to the setting aside of an original decision on the respondents' application, the tribunal found that this did not cause a sufficient disadvantage to the applicant to warrant an order for costs.

The tribunal made an order that J and G Constructions Pty Ltd and Suecha Pty Ltd as trustee for Suecha Family Trust are to pay Christina Jane Wood the sum of $14,238.50 immediately. The tribunal made no order as to costs.