Add-Vantage Systems Pty Ltd v Ameks Developments Pty Ltd [2019] NSWCATCD 57

Add-Vantage Systems Pty Ltd v Ameks Developments Pty Ltd [2019] NSWCATCD 57

The Tribunal found that Add-Vantage Systems Pty Ltd breached statutory warranties under s18B of the Home Building Act 1989 by defective workmanship in the aluminium framing, inadequate sealant and gasket installation, failure to provide suitable drainage in some sills and frames, difficulty in operation of stackable door assemblies, defective interlocks, covered drainage slots, absence of toughened glass labels on some panels, a leaking stairway window, and glass in the upper level stackable door system that was not reasonably fit for the specified purpose. The Tribunal rejected broader allegations about glass thickness and wind pressure because the expert evidence did not persuasively...

Jurisdiction
Australia
Judgment Date
09 July 2019
Procedural Posture
Building Claims Under the Home Building Act 1989 Concerning Supply and Installation of Aluminium Windows and Doors / Principal Judgment After Hearing
Outcome
Add-Vantage Systems Pty Ltd succeeded on its money claim for $25,844.00. Ameks Developments Pty Ltd succeeded in establishing some defective work, but the Tribunal ordered a rectification work order process rather than immediate monetary compensation.
Legal Topics
['implied Statutory Warranties' 'defective Residential Building Work' 'fitness for Specified Purpose or Result' 'rectification Work Order' 'expert Evidence' 'security of Payment']
['home Building' 'consumer and Commercial' 'contract' 'building and Construction'] ['implied Statutory Warranties' 'defective Residential Building Work' 'fitness for Specified Purpose or Result' 'rectification Work Order' 'expert Evidence' 'security of Payment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Building Claims Under the Home Building Act 1989 Concerning Supply and Installation of Aluminium Windows and Doors / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether Add-Vantage Systems Pty Ltd breached implied warranties under s18B of the Home Building Act 1989 in supplying and installing aluminium windows and doors.' 'Whether the supplied aluminium windows, doors, frames, drainage, gaskets, interlocks and glass were defective or not reasonably fit for the specified purpose or result.' 'Whether Ameks Developments Pty Ltd was entitled to monetary compensation or whether rectification by Add-Vantage Systems Pty Ltd was the preferred outcome under s48MA of the Home Building Act 1989.' 'Whether Add-Vantage Systems Pty Ltd was entitled to payment of $25,844.00 for unpaid invoices.' 'Whether Add-Vantage Systems Pty Ltd established any entitlement to relief under the Building and Construction Industry Security of Payment Act 1999.']

Ratio Decidendi

The Tribunal found that Add-Vantage Systems Pty Ltd breached statutory warranties under s18B of the Home Building Act 1989 by defective workmanship in the aluminium framing, inadequate sealant and gasket installation, failure to provide suitable drainage in some sills and frames, difficulty in operation of stackable door assemblies, defective interlocks, covered drainage slots, absence of toughened glass labels on some panels, a leaking stairway window, and glass in the upper level stackable door system that was not reasonably fit for the specified purpose. The Tribunal rejected broader allegations about glass thickness and wind pressure because the expert evidence did not persuasively...

Court Disposition

Add-Vantage Systems Pty Ltd succeeded on its money claim for $25,844.00. Ameks Developments Pty Ltd succeeded in establishing some defective work, but the Tribunal ordered a rectification work order process rather than immediate monetary compensation.

Orders

  • ['In HB17/45163 Ameks Developments Pty Ltd must pay Add-Vantage Systems Pty Ltd the sum of $25,844.00 immediately.' 'In HB 18/15665 the parties must agree the terms of an appropriate work order, having regard to the Reasons for Decision by preparing a list of all items of work with necessary work method statements...