Leahy v Watermin Drillers Pty Ltd [2021] NSWCATCD 28

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Leahy v Watermin Drillers Pty Ltd [2021] NSWCATCD 28 Hearing dates: 13 April 2021 Date of orders: 11 June 2021 Decision date: 07 June 2021 Jurisdiction: Consumer and Commercial Division Before: W Priestley, General Member Decision: 1. The application is dismissed. 2. The applicant, Louis Leahy is to pay Watermin Drillers Pty Ltd $17,325.00 immediately. Catchwords: Nil Legislation Cited: Fair Trading Act 1987 NSW Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Louis Leahy (Applicant) Watermin Drillers Pty Ltd (Respondent) File Number(s): GEN 20/43063 Publication restriction: Nil

REASONS FOR DECISION

Background 1. The parties entered into a contract which required the respondent to drill a bore, for the purpose of obtaining water, at the applicant's premises in Orange, NSW. Ultimately, a bore was drilled to a depth of 200 metres. The applicant contends that he made it known to the respondent that he only wanted sufficient water to fill a 5,000 litre tank, to water his garden, and sufficient water for this purpose was obtainable at about 28 metres. The respondent denies this, and says the applicant wanted sufficient water to not require mains water, the respondent kept the applicant accurately informed as the drilling progressed, and it was at the applicant's informed direction that it kept drilling to 200 metres. The respondent also contends that what water now enters the bore, is "seepage", which is insufficient for the purpose the applicant said he wanted. 2. The applicant asserts the work was also incomplete in that a pumphead and manhole were not provided, and damage was done to his property. 3. At a directions hearing on 27 November 2020, the Tribunal noted the applicant claimed a refund of $1,518; $1,000 compensation for damages; an order that he not have to pay $24,000; and an order the respondent provide a statutory report to the NSW Water Authority.