Boyd trading as Kalana Homes v Commissioner for Fair Trading [2018] NSWCATOD 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Boyd trading as Kalana Homes v Commissioner for Fair Trading [2018] NSWCATOD 46 Hearing dates: 12 September 2017 Date of orders: 28 March 2018 Decision date: 28 March 2018 Jurisdiction: Occupational Division Before: D Dinnen, Senior Member Decision: (1) The Respondent's decision is varied to include the following:

(a) The applicant is guilty of improper conduct under s51(1)(c) of the Act as a result of his breach of statutory warranties under s18B(1)(a) of the Act that work will be done with due care and skill in accordance with the plans and specifications set out in the contract to do residential building work at:

(i) Property 1: 21 Wharf Street, Wyee Point NSW 2259;

(ii) Property 3: 172A Bridge Street Morisset NSW 2264;

(iii) Property 4: 81 Vales Road Mannering Park NSW 2259.

(b) The applicant is guilty of improper conduct under s51(2)(b) of the Act as a result of his failure, without reasonable cause, to comply with the requirements of the Rectification Orders issued on:

(i) 7 September 2015, requiring him to rectify defective work specified in the order by 19 October 2015, in relation to residential building work that he had done at Property 2: 29 Kenilworth Street, Mannering Park NSW 2259; and

(ii) 27 January 2016 requiring him to rectify incomplete and defective work specified in the order by 15 February 2016, in relation to residential building work that he had done at Property 3: 172A Bridge Street Morriset NSW 2264;

(c) The Applicant is ordered to pay a monetary penalty of $4000 in accordance with section 62(c) of the Act within 28 days;