Long v Stair Lock Pty Ltd [2021] NSWCATCD 24

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Long v Stair Lock Pty Ltd [2021] NSWCATCD 24 Hearing dates: 11 June 2021 Date of orders: 22 June 2021 Decision date: 22 June 2021 Jurisdiction: Consumer and Commercial Division Before: S McDonald, Senior Member Decision: The Tribunal orders that: (1) Pursuant to s.48MA of the Home Building Act 1989 (NSW), the Respondent is to supply and install a replacement American Oak post to the staircase delivered and installed at the Applicant's residence within 28 days of today's date, such post to be Oak Square and of no less than 1979mm length; (2) In the event that the Respondent fails to comply with Order 1 on or before 20 July 2021, the Applicant has leave to renew the application before the Tribunal; and, otherwise (3) The application is dismissed. Catchwords: BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Statutory warranty — Supply and install — Breach of specification — Contractual remedies — Work order Legislation Cited: Home Building Act 1989 (NSW) Category: Principal judgment Parties: Margaret Long (Applicant)

Stair Lock Pty Ltd (Respondent) File Number(s): HB 21/03827 Publication restriction: Nil

Reasons for decision

Introduction 1. This is a home building application brought by Margaret Long (Applicant) of a property in East Lindfield (Residence) in respect of a contract to supply and install a staircase to her attic at the Residence (Contract). The Contract was with Stair Lock Pty Limited ACN 611 507 254 (Respondent), a company which has its principal place of business at Elizabeth South, South Australia, 5112. 2. The Applicant alleges that the supply and installation of the staircase was undertaken by the Respondent in breach of s.18B of the Home Building Act 1989 (NSW) (HBA) in that: 1. The work was not undertaken with due care and skill; 2. The work was not in accordance with the plans and specifications set out in the Contract; 3. That the materials used in doing the work were not fit for the specified purpose and/or were not as specified by the Applicant in the contract.