Scozza v JIH Building Design Pty Ltd

Introduction

1. The respondent is in the business of designing buildings. In October 2021 the applicant engaged it to produce a Feasibility Report about the construction of a 'granny flat' on her premises and, subsequently, concept designs that were submitted to the local council prior to a possible development application.
2. The applicant claims that the respondent breached specific guarantees in the Australian Consumer Law 2010 (NSW) (ACL), regarding the provision of services: 1. Guarantee as to due care and skill - section 60 2. Guarantees as to fitness for a particular purpose - section 61 3. Guarantee as to reasonable time for supply - section 62
3. The applicant seeks an order for payment of a total amount of $14,030.00: 1. The refund of the cost of the Feasibility Report - $1925.00 2. The refund of the cost of the concept drawings - $2530.00 3. Consequential loss of $9575.00 'being the cost of further reports required by [the respondent] and incurred rental expense.'
4. Ms Scozza appeared in person at the hearing and relied on two bundles of documents. The documents were admitted into evidence, subject to weight and relevance and marked as Exhibit A1 and Exhibit A2.
5. Mr Harb, a director of the respondent, appeared in person and relied on two bundles of documents. The documents were admitted into evidence, subject to weight and relevance, and marked as Exhibit R1 and Exhibit R2.
6. Both Ms Scozza and Mr Harb gave sworn oral evidence at the hearing. Both were given the opportunity to question each other in regard to the evidence of the opposing party and all relevant factual events.