Beverley Dawn Brooker and Mervyn Graeme Brooker v P J & J A Worth Pty Ltd [2014] NSWCATCD 114

Beverley Dawn Brooker and Mervyn Graeme Brooker v P J & J A Worth Pty Ltd [2014] NSWCATCD 114

The respondent had not completed the work required by the consent orders by the extended time allowed, enlivening the Tribunal's jurisdiction under section 43. The renewal was limited to enforcing the consent orders and could not reopen or add claims outside them. Because the parties' relationship was irreparable and the respondent had ample time to rectify the work, compensation was preferable to a further work order. The Tribunal largely accepted the joint expert Scott schedule, with a deduction for tiles already supplied, allowed the internal wall repair caused by the respondent's works, rejected the scaffolding claim, and found no exceptional circumstances for costs.

Jurisdiction
Australia
Judgment Date
01 July 2014
Procedural Posture
Residential Building Work Renewal Application / Renewal Application Seeking Compensation for Alleged Non Compliance With Previous Consent Orders
Outcome
Renewal application allowed in part; compensation awarded to the applicants and each party ordered to pay their own costs.
Legal Topics
['renewal Application' 'enforcement of Tribunal Orders' 'defective and Incomplete Residential Building Work' 'compensation' 'costs']
['residential Building' 'consumer and Trader Disputes'] ['renewal Application' 'enforcement of Tribunal Orders' 'defective and Incomplete Residential Building Work' 'compensation' 'costs']

Case Brief

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Procedural Posture

Residential Building Work Renewal Application / Renewal Application Seeking Compensation for Alleged Non Compliance With Previous Consent Orders

Legal Issues

  1. 1 ['Whether the respondent failed to comply with the consent orders dated 21 June 2013 within the specified time.' 'Whether the renewal application under section 43 of the Consumer, Trader and Tenancy Tribunal Act could reopen claims beyond the original consent orders.' 'Whether compensation rather than a further work order was appropriate.' 'What amounts were payable for defective or incomplete works covered by the consent orders.' 'Whether the applicants were entitled to reimbursement for scaffolding hire.' 'Whether exceptional circumstances warranted a costs order.']

Ratio Decidendi

The respondent had not completed the work required by the consent orders by the extended time allowed, enlivening the Tribunal's jurisdiction under section 43. The renewal was limited to enforcing the consent orders and could not reopen or add claims outside them. Because the parties' relationship was irreparable and the respondent had ample time to rectify the work, compensation was preferable to a further work order. The Tribunal largely accepted the joint expert Scott schedule, with a deduction for tiles already supplied, allowed the internal wall repair caused by the respondent's works, rejected the scaffolding claim, and found no exceptional circumstances for costs.

Court Disposition

Renewal application allowed in part; compensation awarded to the applicants and each party ordered to pay their own costs.

Orders

  • ['P J & J A Worth are to pay Beverley Dawn Brooker and Mervyn Graeme Brooker the sum of $6,216.27, on or before 14 July 2014.' 'Each party is to pay their own costs.']