Vasan v Georges Construction & Building Services Pty Ltd [2023] NSWCATCD 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vasan v Georges Construction & Building Services Pty Ltd [2023] NSWCATCD 84 Hearing dates: 10 May 2023 Date of orders: 18 August 2023 Decision date: 18 August 2023 Jurisdiction: Consumer and Commercial Division Before: K Ross, Senior Member Decision: (1) Georges Construction & Building Services Pty Ltd is to pay to Anoch Vasan the sum of $66,171.95 immediately. Catchwords: BUILDING & CONSTRUCTION: Residential building work – work by unlicensed Builder – work incomplete and in breach of warranties in Home Building Act Legislation Cited: Home Building Act 1989 Civil and Administrative Tribunal Act 2013 Cases Cited: Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 Deacon v National Strategic Constructions Pty Ltd; National Strategic Constructions Pty Ltd v Deacon [2017] NSWCATAP 185 Category: Principal judgment Parties: Anoch Vasan Georges Construction & Building Services Pty Ltd Representation: Applicant in person George Elias for respondent File Number(s): HB 22/55968 Publication restriction: unrestricted

REASONS FOR DECISION

Application 1. The applicant is a homeowner who engaged the respondent to renovate his newly purchased property, pursuant to a contract dated 8 November 2022. Work commenced shortly after the agreement was signed. The parties fell into dispute in respect of the Builder's claims for payment and the Homeowner contacted the Department of Fair Trading. The Homeowner then requested the Builder to provide a copy of his builder's licence. The Builder refused to do so and the Homeowner terminated the agreement. The Homeowner now seeks repayment of the monies paid to the Builder and compensation for the cost of completing and rectifying the work. Full details of the claim are set out below. 2. The Builder opposes the orders sought.