NSW NSW Fair Trading and Home Building Disput - What to Do?

[judy168]

My home building dispute with a tiler has been ongoing since December 2014. NSW Fair Trading did not make rectification orders and referred me to NCAT. Now NSW Fair Trading will not intervene because it is a tribunal case. The tribunal is not enforcing the law.

The tiler has a continuance of non-compliances of tribunal orders, breached statutory warranty, breached their licence and did not have much evidence to prove their case. The tribunal website states tribunal orders must be complied and no emails are accepted as evidence and the tiler got away with this. The tribunal is not penalising the tiler for any of these offences.

 

[Sophea]

You may be able to make an internal appeal through NCAT. http://www.ncat.nsw.gov.au/Documents/ncat_guideline_internal_appeals.pdf

 

[judy168]

I was planning to make an Internal appeal. But is it even worth going through NCAT internal appeal when the member that made the final decision was a senior member?

 

[Sophea]

Sorry Judy don't know much about the internal appeal process but I guess its worth a shot if you are not getting anywhere.

 

[Lauren Fox]

Home building disputes can be incredibly stressful, especially when they drag on and affect your home and finances. Hopefully, you're able to work through the process and reach a fair outcome. Thanks for sharing your experience—it’s a valuable reminder for homeowners to keep detailed records and understand the dispute resolution process before problems escalate.

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