Money Order or Work Order? When Rectification Is No Longer the Answer

Money Order or Work Order? When Rectification Is No Longer the Answer

Spectrum Pools & Spas Pty Ltd v Young [2026] NSWCATAP 284

FACTS

Young entered into a contract with Spectrum to construct a pool. The contract required Spectrum to carry out the work necessary to design and construct the pool.

Young then applied to the NSW Civil and Administrative Tribunal, alleging that the pool was defective.

The Tribunal held that Spectrum had breached the statutory warranties under the Home Building Act 1989 (NSW) and ordered Spectrum to pay $74,405.27 to Young.

Spectrum appealed to the Appeal Tribunal.

ISSUE

Where defective building work is established, can the Tribunal make a money order instead of requiring the original builder to carry out rectification works?

FINDING…

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