Smith v Slater [2021] NSWCATCD 38

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Smith v Slater [2021] NSWCATCD 38 Hearing dates: 9 June 2021 Date of orders: 20 July 2021 [ amended 23 July 2021] Decision date: 20 July 2021 Jurisdiction: Consumer and Commercial Division Before: Ross, K, Senior Member

The decision made on 20 July 2021 is amended pursuant to s 63 of the Civil and Administrative Tribunal Act 2013 (NSW) and should read as follows: (amendments are shown in bold type) Decision: Matthew Slater is to pay Graham Smith the sum of $19,206.00, on or before 17 August 2021. Catchwords: BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Unlicensed contractor — Defective and incomplete work —​​​​​​​ Damages Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Alexander & Anor v Gregoriou & Ors [2010] NSWDC 15 (22 February 2010) Category: Principal judgment Parties: Graham Smith

Matthew Slater File Number(s): HB 21/04094 Publication restriction: unrestricted

REASONS FOR DECISION

Application 1. In December 2020 Mr Smith engaged Mr Slater to lay a concrete slab at his home in Mirrabooka. The work commenced in the first week of January 2021. A dispute arose, initially in respect of Mr Slater's requirements for payment, and then escalating over the next two weeks. Eventually Mr Smith excluded Mr Slater from the site. 2. Mr Slater was not licensed to carry out the work. He provided a letter to Mr Smith stating that he had permission to use Warren Spicer's licence "under supervision". There is no evidence that Mr Spicer supervised the work. 3. Mr Smith alleges that the work carried out by Mr Slater is incomplete, is defective, has not been carried out in accordance with the contract and has caused damage to the stormwater pipes. He claims the following: 1. NCAT fee $27.11 2. Inspections and marking out by Cameron Building Services $3200.00 3. Re-works by Hughes Concrete $2950.00 4. Placement and finishing of concrete $4180.00 5. Concrete pump $950.00 6. Amount paid to Matthew Slater $7000.00 7. Subtotal $18307.11 8. Less cost of REO $1219.67 9. Sub total $17, 087.44 10. Additional cost to load, remove and dispose of corrugated iron and rubbish $1200.00 11. Cost of software to print out text messages $42.90 12. Cost printing (printer cartridges and paper $600.00 13. Cost of express post $39.40 14. Costs to replace cast iron grate $115.00 15. Additional claim: report costs for investigation of water leaks $480.00 16. Cost of repairs to stormwater drainage $9870.00