NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Williams v Ahal [2023] NSWCATCD 185 Hearing dates: 25 October 2023 Date of orders: 27 November 2023 Decision date: 27 November 2023 Jurisdiction: Consumer and Commercial Division Before: G. Bassett, General Member Decision: (1) The respondent, Paul Joseph Ahal trading as Paul's Quality Concreting, is to pay the applicant, Michelle Williams, the sum of $16,379.60 immediately. Catchwords: BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Statutory warranty — Due care and skill — Fit for purpose — Proceedings for breach — Rectification order Legislation Cited: Home Building Act 1989, ss 18B, 48MA Category: Principal judgment Parties: Applicant: Michelle Williams
Respondent: Paul Joseph Ahal trading as Paul's Quality Concreting Representation: Applicant: self-represented
Respondent: Ms Mao File Number(s): 2023/00383790 (Previously HB 23/33735) Publication restriction: Unrestricted
REASONS FOR DECISION
Application and procedural history 1. On 23 July 2023, the applicant applied for orders: 1. to be relieved from paying the respondent the amount of $120.00 2. to be paid the amount of $15,950.00. 1. The applicant alleged a breach of a statutory warranty. 2. The matter came before the Tribunal for conciliation hearing on 23 August 2023. Usual orders were made with respect to providing documents for hearing including any reports from expert witnesses. At the conciliation hearing the respondent indicated that the applicant still owed him the balance of $5,000.00 for the final instalment for contract works. 3. At the end of the formal hearing, the respondent was given the opportunity to supply a copy of two quotes he mentioned at the hearing and any written instructions supplied to person(s) that provided those quotes. The applicant was given the opportunity to lodge submissions on those quotes from her expert who gave evidence during hearing. Respondent provided his material on 31 October 2023 and the applicant on 3 November 2023.
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