Wu & Huang v Eimerl & Anor (Civil Dispute)

Shu Hui Wu and Qiao Fang Huang, both tilers, brought claims against Samuel Alexander Eimerl and Diamond Developments ACT Pty Ltd for unpaid invoices for tiling work performed at various properties in the ACT suburbs. The Tribunal heard the matters together due to the similarities in the facts and circumstances. Shu Hui Wu sought payment of $9,615.65 for work done at two properties, while Qiao Fang Huang sought $7,519.27 for work at four properties. Diamond Developments counterclaimed for the cost of rectifying work performed by the applicants, which they claimed was defective.

The Tribunal dismissed the claims against Mr Eimerl as the applicants only contracted with Diamond Developments. The Tribunal allowed Shu Hui Wu's claim for $5,339.40 and Qiao Fang Huang's claim for $7,519.27, as the Tribunal was not persuaded by the evidence that the tiling work was defective. The Tribunal also dismissed Diamond Developments' counterclaims, as it did not produce sufficient evidence to support its claims for rectification costs.

The Tribunal made the following orders:
1. The second respondent, Diamond Developments ACT Pty Ltd, within 28 days pay the first applicant $5,339.40.
2. The second respondent, Diamond Developments ACT Pty Ltd, within 28 days pay the second applicant $7,519.27.
3. The applicants' claims against the first respondent, Samuel Alexander Eimerl, are dismissed.
4. The second respondent's counterclaims against the applicants are dismissed.