Tabellz Pty Ltd v Office of Finance and Services [2014] NSWCATOD 131

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tabellz Pty Ltd v Office of Finance and Services [2014] NSWCATOD 131 Hearing dates: 10 October 2014 Decision date: 06 November 2014 Jurisdiction: Occupational Division Before: J Kelly, Senior Member Decision: Each of the decisions under review is set aside. In substitution the following decisions are made: none of Tabellz Pty Ltd, Murray Keith Carter, Gregory Alan Catto or Philip Rodney Catto is guilty of improper conduct under the Act. Within 28 days of the date of this decision, Tabellz Pty Ltd is to be repaid $3,000 and Mr Murray Carter is to be repaid $2,000. Catchwords: Residential building work - implied statutory warranty - work to be performed in a proper and workmanlike manner and in accordance with the plans and specifications set out in the contract - work to comply with the relevant part of the Building Code of Australia Legislation Cited: Home Building Act 1989 Category: Principal judgment Parties: Tabellz Pty Ltd, Murray Keith Carter, Gregory Alan Catto & Philip Rodney Catto (Applicants) Office of Finance and Services (Respondent) Representation: P Catto (Applicant in person, agent) M Nicoletti, Office of Fair Trading (Respondent) File Number(s): 1420260

reasons for decision

Summary 1The applicants, Tabellz Pty Limited (Tabellz), Gregory Allan Catto, Philip Rodney Catto (Mr Catto), and Murray Keith Carter, deny that a balustrade Tabellz constructed at a property at Wahroonga (the balustrade) was residential building work that was not performed in a proper and workmanlike manner and did not satisfy the relevant part of the Building Code of Australia. 2For the reasons that follow, I find that the construction of the balustrade was performed in a proper and workmanlike manner and did satisfy the relevant part of the Building Code of Australia.