Christopher Sheppard and Melanie Sheppard v GMK Developing Services Pty Ltd [2015] NSWCATCD 53

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Christopher Sheppard and Melanie Sheppard v GMK Developing Services Pty Ltd [2015] NSWCATCD 53 Hearing dates: 3 November 2014 Decision date: 22 April 2015 Jurisdiction: Consumer and Commercial Division Before: G Meadows Senior Member Civil and Administrative Tribunal of NSW Decision: 1. The respondent is to complete the following works: Item No. Description 2 Deflected flooring in bedroom 2: repair according to the scope of works recommended by Mr Wallace and Mr Olbrecht 3 Rectify ill-fitting doors according to the scope of works recommended by Mr Wallace 4 Rectify cement render according to the scope of works recommended by Mr Wallace 5 Install sub-floor ventilation according to the scope of works recommended by Mr Wallace 6 Remove formwork timber according to the scope of works recommended by Mr Wallace 7 Water entry at front according to the scope of works recommended by Mr Wallace 8 Gaps at tops of windows and sliding doors according to the scope of works recommended by Mr Wallace 9 Water stops in bathroom according to the scope of works recommended by Mr Bullivant 2. The above works are to be completed within 60 days of the date of these orders except where an extension of time is reasonably required because of inclement weather or other reasons not within the control of the respondent. 3. If the original home owners warranty insurance does not apply to the above works the respondent is to arrange such insurance prior to commencing the works. 4. The respondent is ordered to pay the amount of $22,000.00 to the applicants within 60 days of the date of these orders plus the cost of home owners warranty insurance for those works if the original home owners warranty insurance does not apply, being the agree cost of replacing damaged timber flooring on the ground floor. 5. In the event that the builder does not complete those works or does not complete some of them or does not complete some or all of them to the reasonable satisfaction of the applicants in accordance with paragraph 35 above, the applicants may renew the proceedings to seek a money order based on the following findings (amended as appropriate depending on which items may not be completed or completed satisfactorily): Item No. Description Amount Allowed 1 Replace damaged timber flooring – water damage $22,000.00 2 Deflected flooring in bedroom 2 $11,640.00 2A Install uni-piers for additional support for flooring $0.00 3 Rectify ill-fitting doors $1,660.00 4 Rectify cement render $6,874.00 5 Install sub-floor ventilation $6,165.00 6 Remove formwork timber $100.00 7 Water entry at front $1,430.00 8 Gaps at tops of windows and sliding doors $310.00 9 Water stops in bathroom $2,125.00 10 Home Owners Warranty insurance $400.00