Laurence and Tanya Matty v Scott and Julie Boyd t/as Vast Constructions [2014] NSWCATCD 216

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Laurence and Tanya Matty v Scott and Julie Boyd t/as Vast Constructions [2014] NSWCATCD 216 Hearing dates: 2 June 2014 Decision date: 28 October 2014 Jurisdiction: Consumer and Commercial Division Before: G Meadows, Senior Member Decision: The renewal application is dismissed. The applicants are to pay the respondent the amount of $26,450.36 forthwith Legislation Cited: Civil & Administrative Tribunal Act 2013 Consumer Trader and Tenancy Tribunal Act 2001 Category: Principal judgment Parties: Laurence and Tanya Matty (applicants) Scott and Julie Boyd t/as Vast Constructions (respondent) File Number(s): HB 14/02361 Publication restriction: Nil

REASONS FOR DECISION 1. On 2 October 2013 I made the following orders in relation to the substantive claims: 1. In relation to claim number HB 12/20922 the builder is to complete and rectify the following works: 1. repair leaks to carport roof; 2. repair "undulations" to tiles on carport roof; 3. adjust kitchen and bathroom cabinetry; 4. sand front entry deck (finishing to be completed by owners); 5. repair stacker door frame and replace fly screens; 6. put stormwater pipes underground; 7. silicon seal in wet areas; 8. repair entry handrails; 9. repair internal staircase ("bleaching"); 10. repair termite barriers; 11. replace flanges behind cistern stopcocks; 12. repair eaves and gutters to southern elevation of "alfresco deck area"; 13. install shut off valve to hot water tank; 14. relocate geo-fabric, required waterproofing and ag drain in storage area; 15. remove builder's waste; and 16. on completion of all the above items, provide all certifications to the owners including an engineering certificate for the garage concrete slab and the block retaining walls under the garage slab. 1. The above works are to be completed within 90 days of the date of these orders. On completion of the works Scott and Julie Boyd t/as Vast Constructions are to provide all relevant certifications and warranty documents to Laurence and Tanya Matty. 2. In relation to claim number HB 12/30737, on completion of the above works Laurence and Tanya Matty are to pay Scott and Julie Boyd t/as Vast Constructions the sum of $26,450.36. 1. On 13 January 2014 the applicants filed an application to renew proceedings, alleging the orders had not been complied with by the respondent, as follows: "Works not completed to a proper workmanship manner/certification not supplied/warranty documents & certificates not supplied". The applicants sought 2 orders: an order for the payment of: $"TBC" and an order that they do not have to pay the sum of $26,450.36 to the respondent. The actual works the subject of the renewal application were: 1. repair leaks to carport roof; 2. repair "undulations" to tiles on carport roof; 3. adjust kitchen and bathroom cabinetry; 4. sand front entry deck (finishing to be completed by owners); 5. repair stacker door frame and replace fly screens; 6. put stormwater pipes underground; 7. repair internal staircase ("bleaching"); 8. repair termite barriers; 9. on completion of all the above items, provide all certifications to the owners including an engineering certificate for the garage concrete slab and the block retaining walls under the garage slab. 10. The above works are to be completed within 90 days of the date of these orders. On completion of the works Scott and Julie Boyd t/as Vast Constructions are to provide all relevant certifications and warranty documents to Laurence and Tanya Matty. 1. The application was filed by completing an "Application to Renew Proceedings" under the letterhead of the former Consumer Trader & Tenancy Tribunal. This application was sent to the "NSW Civil and Administrative Tribunal" by a covering letter dated 13 January 2014, marked "Received 23 JAN 2014 NCAT TAMWORTH". 2. The matter was listed for directions before the Principal Member Harrowell on 21 February 2014, at which time the following orders were made: 2. The applicants shall provide to the respondent and the Tribunal, either in person or by post, a copy of all documents (see note below), on which the applicant intends to rely at the hearing by 14-Mar-2014. 3. The respondents shall provide to the applicant and the Tribunal, either in person or by post, a copy of all documents (see note below), on which the respondent intends to rely at the hearing by 04-Apr-2014. IMPORTANT NOTE: For the purpose of these directions "document" means: -Witness statements / statutory declarations or affidavits -Expert reports -Photographs -Accounts or receipts -Quotations -Any other document to be relied upon And all documents must be legible and in colour (if the original is in colour). 4. The documents provided by each party must be placed in a folder, each page must be numbered to provide easy identification by all concerned at the hearing. Folders prov. 'id to the Tribunal and to the other party(ies) must be identical and in the same order. The folder (s} should be marked with the name of the party and include: -an index -a chronology of significant events -all documents required by these directions And all documents must be legible and in colour (if the original is in colour). 5. On or before 14/3/14 the applicants are to file and serve: a list, by reference to the order 1 made 2/10/13, of the work said now to be incomplete or defective, the respects in which it is incomplete or defective, the work required to complete the items and the reasonable cost to complete or rectify the work; a list of any certificates not provided contrary to order 2 made 2110/13. 6. A failure by a party to provide documents in accordance with the Tribunal orders may result in the party not being able to rely on the documents at the hearing, unless leave is granted to do so. 7. All evidence from a party's witness(es) in support of that party(ies) must be in the form of a statement, statutory declaration, affidavit or expert report as appropriate. 8. Any application for leave to be represented is to be made to the Tribunal on or before 17-Mar-2014. 9. The respondents will seek access to the site in 14 days from 21/2/14, such access to be agreed at a mutually convenient time. In the event of any dispute, the respondents may write to the Tribunal seeking and order for access. The respondents may attend with a legal advisors however that does not mean the Tribunal will grant legal representation if such an application is made 1. There was correspondence between the parties and the Tribunal in regard to alleged failures to comply with these directions, including what appear to have been rather barren arguments as to the correct addresses for service. However, I am satisfied that both parties had filed and served their evidence a considerable time prior to the hearing. 2. I consider I should note that when the matter was listed for hearing on 02 June 2014 at Tweed Heads, the Tribunal files were not forwarded to the venue in time for the hearing. However, as just noted, I had the parties' documents and submissions for some time prior to the hearing and, having decided the original substantive applications, and with the benefit of copies provided by the parties on the day as well as extensive submissions particularly by the applicant Mrs Matty speaking to her documents, I did not experience any difficulty in understanding the parties' respective cases. However, for additional caution, I reserved this decision.