Lasovski v Traj Developments Pty Ltd [2022] NSWCATCD 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lasovski v Traj Developments Pty Ltd [2022] NSWCATCD 85 Hearing dates: 24 March 2022 Date of orders: 20 June 2022 [amended 11 August 2022] [further amended 14 September] Decision date: 20 June 2022 Jurisdiction: Consumer and Commercial Division Before: R Alkadamani, Senior Member

Pursuant to Section 63 of the Civil and Administrative Tribunal Act 2013, reasons published are amended to read as follows: Decision: 1. Traj Developments Pty Ltd, at no cost to Julie Lasovski and David Ristevski, remove all the windows and glazed doors referred to at pages 5-10 of the BASIX certificate under the heading "Windows, glazed doors and skylights" which do not have thermally broken frames and replace and install new windows and glazed doors that have aluminium frames that are thermally broken and that otherwise comply with the Contract, including the BASIX Certificate, being the document forming part of exhibit 3, and perform all necessary carpentry, plasterboard work or similar work, including providing the necessary materials ("the Work"); 2. Traj Developments Pty Ltd complete the Work within 60 days of the date of these orders, or such other time as the parties may agree; 3. Traj Developments Pty Ltd perform the Work in a proper and workmanlike manner; 4. Traj Developments Pty Ltd provide and install, at no cost to Julie Lasovski and David Ristevski, the scaffolding and other equipment which may be necessary to undertake the Work safely; 5. Traj Developments Pty Ltd undertake, at no cost to the Julie Lasovski and David Ristevski, all necessary carpentry, plasterboard work or similar work in connection with the Work, including providing the necessary labour and materials; 6. Traj Development Pty Ltd install, in a proper and workmanlike manner and at no cost to Julie Lasovski and David Ristevski, sarking in the top roof area above the entrance of the dwelling and the area on the left hand side of the KLIPLOK roof within 60 days of the date of these orders, or such other time as the parties may agree; 7. Julie Lasovski and David Ristevski provide Traj Developments Pty Ltd and/or its contractors reasonable access to the dwelling and the property for the purpose of carrying out the Work and/or install the sarking; 8. Traj Developments Pty Ltd pay Julie Lasovksi and David Ristevksi's costs of and incidental to these proceedings on the ordinary basis as agreed or assessed. Catchwords: BUILDING AND CONSTRUCTION – Contract – Terms – Defects – Work Order CONTRACTS – Express terms – incorporation of terms COSTS – whether r 38 applies – amount claimed or in dispute Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Clements v Murphy [2018] NSWCATAP 152 Deacon v National Strategic Constructions; National Strategic Constructions v Deacon [2017] NSWCATAP 185 Khan v Kang [2014] NSWCATAP 48 Nguyen v Perpetual Trustee Company Ltd; Perpetual Trustee Company Ltd v Nguyen [2015] NSWCATAP 264 Texts Cited: Nil Category: Principal judgment Parties: Julie Lasovksi (First applicant) David Ristevski (Second applicant) Traj Developments Pty Ltd (Respondent) Representation: Solicitors: Gino Manna Lawyer (Applicants) Birch Partners Lawyers (Respondent) File Number(s): HB 21/22842 Publication restriction: None