Kwiatek v Elite Services (Aust) Pty Ltd [2021] NSWCATAP 80

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kwiatek v Elite Services (Aust) Pty Ltd [2021] NSWCATAP 80 Hearing dates: 1 March 2021 Date of orders: 30 March 2021 Decision date: 30 March 2021 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President A Lo Surdo SC, Senior Member Decision: Leave to appeal is refused and the appeal is dismissed. Catchwords: CONTRACT LAW – Claim for breach of contract to carry out floor repairs – formation of contract and terms – no breach established Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Texts Cited: None cited Category: Principal judgment Parties: Harold Kwiatek (Appellant) Elite Services (Aust) Pty Ltd (Respondent) Representation: Appellant (Self Represented) Respondent (No Appearance) File Number(s): 2020/00371180 (AP 20/49058) Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 16 October 2020 Before: G Bassett, General Member File Number(s): HB 20/19313

reasons for decision

Introduction 1. This appeal relates to home building application HB 20/19313. In those proceedings the appellant was the applicant homeowner and the respondent was a builder who carried out flooring work to a property owned by the appellant. 2. The appellant's property had been damaged by a rain event which had caused flooding within the premises, including on timber flooring. The appellant entered into a contract with the respondent to carry out various works, an issue to which we will return below. The contract sum was $7000. 3. The appellant claimed an amount of $7000 as compensation following the respondent carrying out repairs to floorboards which had been water damaged. In his application the appellant said: One week after the so called repair the floorboards began warping and will have to be completely replaced according to the insurer. 1. The Tribunal dismissed the application on 16 October 2020. The Tribunal provided written reasons for its decision.