Lamproglou v CTY Construction Pty Ltd [2022] NSWCATCD 165

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lamproglou v CTY Construction Pty Ltd [2022] NSWCATCD 165 Hearing dates: 2 March 2022 Date of orders: 25 July 2022 [amended 27 July 2022] Decision date: 25 July 2022 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: Pursuant to Section 63 of the Civil and Administrative Tribunal Act 2013, orders published are amended to read as follows: (1) Leave is granted to the homeowners to amend the amount in dispute. (2) CTY Construction Pty Ltd is to carry out the following work in a proper and trades-person-like manner before 30 September 2022: (a) Apply or re-apply grout as necessary to the downstairs bathroom and main bathroom floor and wall tiles. (b) In the main bathroom: remove existing shower screen, realign, re-hang and seal, supplying new door jambs and hinges. (c) Supply and install missing screw to main bathroom door hinge. (d) Permanently fix handrail joiners on balcony balustrades on ground and first floor. (e) Clean and fill gap between stairs and porch with flexible sealant. (f) Sand, fill and paint as necessary the cladding on the exterior face, balcony, and alfresco area to remove cracks. (g) Sand, fill and paint as necessary the render at the tile screed bed on the front veranda and balcony to remove cracks and smooth. (h) Replace the skirting and make good the pier in the rear alfresco area. (i) Smooth the render under the front eave and repaint. (j) Sand, fill, and repaint as necessary the upper level window frames to remove cracks. (k) Remove and replace any area of water damage to eaves. (l) Paint eaves with exterior (water resistant) paint. (m) Install drip edge or groove around eave perimeters. (n) Replace cracked front door jamb and make good to door. (3) If order (2) is not complied with then at any time before 28 February 2023 this application may be renewed. (4) The application is otherwise dismissed. (5) Any application for costs is to be filed with the Tribunal and served on the other party by 5 August 2022. (6) Any reply to any application for costs is to be filed with the Tribunal and served on the other party by 19 August 2022. (7) The Tribunal proposes to dispense with a hearing in relation to any application for costs. The parties are to include any submission they wish to make in relation to this proposed order in any application or reply to an application for costs. Catchwords: BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – statutory warranties – due care and skill – materials – limitation period – minor defects – preferred outcome Legislation Cited: Home Building Act 1989 (NSW) – s 18B, 18E, 18G, 48I, 48K, 48MA Category: Principal judgment Parties: Anthony Lamproglou (First Applicant) Amy Lamproglou (Second Applicant) CTY Construction Pty Ltd (Respondent) Representation: First Applicant (self-represented) Second Applicant (self-represented)