Green v Modern Roof Restorations (NSW) Pty Ltd [2021] NSWCATCD 101

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Green v Modern Roof Restorations (NSW) Pty Ltd [2021] NSWCATCD 101 Hearing dates: 18 August 2021 Date of orders: 29 October 2021 Decision date: 29 October 2021 Jurisdiction: Consumer and Commercial Division Before: S Sutherland, General Member Decision: 1. On or before 17 December 2021 the respondent is to rectify in a proper and workmanlike manner the defects as set out in the reports of Mr Pieter Kastelen of Jim's Building Inspections dated 19 November 2020 and Mr Ian Clark of Paintinspection dated 24 January 2021 this includes the priming and the re-coating of the roof, and the removal of paint and debris and rectification of the gutters and the removal of paint from the solar panels. Catchwords: BUILDING AND CONSTRUCTION – Defective and incomplete works – Whether rectification is the prefererred outcome Legislation Cited: Home Building Act 1989 (NSW) Cases Cited: Leung v Alexakis [2018] NSWCATAP 11 Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP 23 Texts Cited: Nil Category: Principal judgment Parties: Debbie Green (Applicant) Modern Roof Restorations (NSW) Pty Ltd (Respondent) Representation: Applicant (Self represented) J Fentiman (Respondent) File Number(s): HB 21/16042 Publication restriction: Nil

REASONS FOR DECISION 1. This is a claim a home building claim by the applicant that the work was not completed with due care and skill pursuant to Section 18B of the Home Building Act 1989 (NSW). The applicant seeks the amount of $26,821.96 in compensation for damaged and inadequate gutters and to replace the damaged and irreparable roof, removal and return of the solar panels to accommodate a new roof.