Yakov Zaknic v Kurmond Home Pty Limited [2014] NSWCATCD 257

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Yakov Zaknic v Kurmond Home Pty Limited [2014] NSWCATCD 257 Hearing dates: 13 November 2014 Decision date: 28 November 2014 Jurisdiction: Consumer and Commercial Division Before: G Meadows, Senior Member Decision: The respondent is to pay the applicant the sum of =SUM(ABOVE) $11,141.77 within 28 days of the date of these orders Legislation Cited: Civil & Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Bellgrove v Eldridge ; Brewarrina Shire Council v Beckhaus Civil Pty Ltd & Anor [2006] NSWCA 361 Category: Principal judgment Parties: Yakov Zaknic (applicant) Kurmond Homes Pty Ltd (respondent) Representation: Applicant in person Mr Williamson for the respondent File Number(s): HB 13/66990 Publication restriction: Nil

reasons for decision

The Claims 1. In these reasons I refer to Yakov Zaknic as "the owner", and to Kurmond Homes Pty Limited as "the builder". 2. The application was filed on 29 December 2013, listing a number of alleged defects and claiming the amount of $30,000.00. The claim was otherwise not itemised. On 3 April 2014 two Scott Schedules were filed, one being in relation to "defective workmanship or material claimed" and the other "where extras claimed". The former simply set out a number of alleged defects, each with an "estimate of loss", in the total amount of $25,500.00 and with some documentary attachments including plans, invoices and photographs, but otherwise without supporting submissions or proper costings. The second schedule was in the amount of $33,422.00, supported generally by tax invoices and including a claim of loss of rent in the sum of $28,152.00. It appears these schedules may have been prepared by the owner himself although no issue arises in that regard. 3. At the hearing, the owner's final claim was in relation to 14 items as follows: Item No. Item Loss 7.1 Internal Doors $1,058.00 The builder was to install the internal doors in accordance with the National Construction Code (ie former BCA) 7.2 Wall Tiling $11,588.00 The builder was to install the wall tiling in accordance with the contract documents 7.3 Timber floating floor $0.00 The builder was to install the timber floating floor in accordance with the contract documents 7.4 Hot Water System $0.00 The builder was to install the Hot Water Service in accordance with the contract documents. 7.5 Kerb & Gutter Lay backs $1,090.91 The builder was to install the driveway laybacks in accordance with the variation to contract documents. 7.6 Builders Waste $250.00 As per the contract documents, all builders debris is to be removed from site at the time of practical completion. 7.7 Under Ground Water Tank $226.00 The builder was to install the Under water tank in accordance with the contract documents. 7.8 Survey $0.00 The builder was to install the drainage system in accordance with the contract documents. 7.9 Ensuite $852.00 Shower Screen The builder was to install the shower screen to the ensuite in accordance with the contract documents. 7.10 Air Conditioning Duct $1,636.50 The builder was to install the Air Conditioning in accordance with the contract documents. 7.11 Powder Room Sink $1,440.50 The builder was to install the Powder room sink in accordance with the contract documents 7.12 Granny Flat Kitchen $0.00 The builder was to install the Kitchen in accordance with the contract documents 7.13 Bathroom Vanity $1,022.50 The builder was to install the Bathroom Vanity in accordance with the contract documents Subtotal $19,164.91 Builders Preliminaries @ 15% $2,874.74 Subtotal $22,039.65 Builders P&O @ 15% $3,305.94 Subtotal $25,345.59 GST @ 10% $2,534.56 Subtotal $27,880.15 Home Owners Warranty $500.00 Subtotal $28,380.15 7.14 Loss of Rent $28,152.00 Total $56,532.15