Bowman v Curtis [2022] NSWCATCD 125

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bowman v Curtis [2022] NSWCATCD 125 Hearing dates: 19 May 2022 Date of orders: 3 August 2022 Decision date: 03 August 2022 Jurisdiction: Consumer and Commercial Division Before: D Moujalli, Senior Member Decision: The respondent must pay the applicant the sum of $26,490.89 within 21 days of the date of this order. Catchwords: BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) - defects in building work - whether a work or a money order should be made in respect of defects Legislation Cited: Home Building Act 1989 (NSW) Cases Cited: Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP 23 Morrison v Moss [2019] NSWDC 746 Wheeler and Anor v Ecroplot Pty Ltd [2010] NSWCA 61 Category: Principal judgment Parties: Annette Bowman (Applicant) Jai Curtis t/as Curtis Carpentry & Construction (Respondent) Representation: Applicant: self-represented Respondent: self-represented File Number(s): HB 22/10751 Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. On 8 March 2022 the applicant, Annette Bowman, lodged an application with the Tribunal (the Application). The Application seeks an order for payment of money against the respondent in respect of defects in building works carried out by the respondent on the applicant's residential premises. 2. The hearing was conducted on 19 May 2022. 3. At the hearing on 19 May 2022, each party was self-represented. The hearing proceeded by AVL. 4. At the hearing each party was given an opportunity to present their evidence, ask questions of the other party and make submissions. Both Ms Bowman and Mr Curtis did this in a respectful manner and the Tribunal is grateful for their co-operation in this respect.