Using a conclave of experts
Home building case study
In cases where the amount in dispute is above $30,000 and where both parties have expert witnesses, the CTTT may order that the experts meet in a conclave to clarify the issues in dispute with a view to resolving the dispute, or narrowing the issues in dispute.
An application was made to the CTTT concerning defective work in a new house, estimated to cost over $100,000 to rectify. Both parties submitted evidence regarding the extent of the defects and the projected costs to rectify the defective work. Although the defects were well documented, there was considerable difference of opinion regarding liability and the cause of each defect. Both parties had engaged building experts to provide a written report.
At the Directions Hearing, the Tribunal Member ordered that a conclave of the experts be held. The conclave was conducted on-site and was facilitated by a Tribunal Member with expertise in home building matters. Together the experts reviewed the documentation and examined each defect. The experts agreed on how to deal with many of the issues in dispute including the quality and aesthetics of the floor tiling, damage to the bathroom fixtures and uneven front stairs. However the cause of the wall cracking could not be agreed upon and the issue remained unresolved. The experts then prepared a joint Scott Schedule and signed the Memorandum of Outcome.
At the next hearing before the CTTT, the joint Scott Schedule and Memorandum was used to make binding orders on the issues that were agreed upon during the conclave. This then allowed the Tribunal Member to focus on the remaining issues in dispute.
Get a free copy of Adobe Acrobat Reader so you can access PDF versions of our information.