Britton v Evans [2022] NSWCATCD 139

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Britton v Evans [2022] NSWCATCD 139 Hearing dates: 18 August 2022 Date of orders: 01 September 2022 Decision date: 01 September 2022 Jurisdiction: Consumer and Commercial Division Before: K Ross, Senior Member Decision: 1. Joanne Britton and Graham Britton are not required to pay to Aaron James Evans trading as AJE Carpentry the sum of $5,990.60 claimed. 2. Aaron James Evans trading as AJE Carpentry is, on or before 1 October 2022, to pay to Joanne Britton and Graham Britton the sum of $13,175.54. Catchwords: HOME BUILDING: where Builder is not licensed to carry out the work – where there is no written contract and no homeowners warranty insurance – claim for repayment of monies paid – defective and incomplete work Legislation Cited: Home Building Act 1989 Cases Cited: Chouhan v Morrison Homes Pty Ltd [2021] NSWCATCD 155 Alexander & Anor v Gregoriou & Ors [2010] NSWDC 15 (22 February 2010) Category: Principal judgment Parties: Joanne Britton and Graham Britton (Applicants)

Aaron James Evans t/as AJE Carpentry (Respondent) Representation: Applicants (Self-represented)

Respondent (Self-represented) File Number(s): HB 22/24225 Publication restriction: Nil

REASONS FOR DECISION

Application 1. This is a dispute in respect of residential building work carried out by the respondent Builder for the applicant Homeowners. The Homeowners seek the following orders: 1. An order that they not pay an amount of $5990.60 claimed by the Builder. 2. An order that the Builder refund the sum of $29,496.61 paid for the work on the basis that the Builder was not properly licensed to carry out the work, there was no homeowners warranty insurance, and no written contract as required by the Home Building Act 1989 ("the Act"), or alternatively 3. An order that the Builder pay the Homeowners the sum of $13,385.48 for defective and incomplete work, and 4. Expert witness report fees. 1. The Homeowners rely upon an expert report and Scott Schedule of Robert Taylor dated 18 July 2022, and a bundle of documents including a copy of the Builder's quote, tax invoices, correspondence and text messages, and photographs. 2. The Builder opposes the orders sought. He did not provide any evidence in compliance with the Tribunal's directions. He did not seek an adjournment or an extension of time to do so and stated that he was prepared for the hearing to proceed in the absence of any evidence from him.