Vadasz v Charas Constructions Pty Ltd [2019] NSWCATCD 59

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vadasz v Charas Constructions Pty Ltd [2019] NSWCATCD 59 Hearing dates: 16 October 2018, 2 November 2018 Date of orders: 17 July 2019 Decision date: 17 July 2019 Jurisdiction: Consumer and Commercial Division Before: F Corsaro SC, Senior Member Decision: Pursuant to s 48O of the HB Act the Tribunal orders the Builder, within 21 days, to carry out the following rectification works: 1 the removal of the carport roofing, and the installation of replacement roof sheeting with material described in an invoice from NFX Metal Roofing for the supply and installation dated 24 April 2017, to the minimum pitch, fall, maximum spans and the arrangement for fastenings which are described in item 2 (pages 4 and diagram 1 and diagram 2) of a report by Mr Mark Tuckwell dated 19 December 2017 (the First Tuckwell Report); 2. cleaning back of all of the Carport's rusted surfaces and the application of appropriate rust inhibitors and the restoration of all cleaned surfaces to match existing finishes. 3. the installation of a transformer and its connection to any of the Residence's pool lights missing transformer and transformer connections to make them fit for operation and use as pool lights; 4. the removal of all of the Residence's inoperable external sensor lights, and the resupply and installation of replacement sensor lights with due care and skill so as to ensure their operation is not affected or compromised by water entry, with the replacement sensor lights to be of the same or equivalent make and standard to the sensor lights to be replaced 5. the installation of a ventilation fan to mechanically ventilate the Residence's upstairs ensuite; 6. the removal and correction of the position of the present misalignment of the recessed lighting in the hallways of the Residence to bring the recessed lighting into alignment; 7. the rectification of all tool marks and cut outs described in the narrative of item 4 page 7 of the report of Mr Mark Tuckwell dated 9 March 2018 (the Second Tuckwell Report). 8. the completion of the installation of the smoke alarm describe in item 6 on p 14 of the First Tuckwell Report; 9. supply and re-install an electric motor fit for the purpose of the electric remote operation the Residence's front gate of the same or similar make as the electric motor shown in the photographs taken for item 10 on p 18 of the Tuckwell Second Report; 10. repair and reinstate the current landscaping of the Residence's side path described in item 9 pp 15 and 16 of the Tuckwell Second Report, so that the landscaping works are brought into conformity with the standard illustrated in the diagram on 2 on p 16 of the Tuckwell Second Report; 11. repainting or resurfacing of the wall surfaces surrounding the light fittings shown in the photographs on p 23 of the Second Tuckwell Report so that the areas surrounding the light fittings matching and blend with the wall surfaces of the surrounding areas of the wall; 12. the removal and cleaning off of all stickers, markings and manufacturing labels from all of the Residence's windows; 13. the realignment, by removing and reinstalling if necessary, the Residence's front door to correct its swing and operation so that it sits square and plumb, the door locks operate as suitable to a normally functioning door, and so that the door swings, opens and closes without sticking. Catchwords: Residential building work – Construction of a dwelling – Defective and incomplete works – Reliance on inspector's report – s 48N of the Home Building Act - Work order – Scope of rectification works Legislation Cited: Home Building Act 1989 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Leung v Alexakis [2018] NSWCATAP 11 Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP 23 Jones v Dunkel (1959) 101 CLR 298 Ho v Powell (2001) 51 NSWLR 572 Category: Principal judgment Parties: Kathy Vadasz (Applicant) Charas Constructions Pty Ltd (Respondent) Representation: The Applicant (self-represented) Mr Venothan Panicker solicitor, Blackstone Waterhouse (for the respondent) File Number(s): HB 18/30221