By Luke Voogt
A Grovedale woman has won a two-year legal battle with a local company after it built a “defective” fence around her property.
The Victorian Civil and Administrative Tribunal last week ordered Nitabow Holdings Pty Ltd, trading as Belmont Fencing, to pay $9455.70 to Katrina Alford.
“I’m just exhausted and drained – there are no celebrations,” Ms Alford told the Indy this week.
“All that money will go to rectification.”
Ms Alford said the state of the fence affected her family’s safety, particularly that of her daughter, for the two years.
“She’s particularly physically vulnerable,” she said.
While relieved by the decision, she said the “protracted” legal battle took a “horrible” emotional toll.
“We would like to ensure no one else suffers such a protracted painful period in seeking redress. I would hate anybody else to go through what we went through.”
The tribunal based the decision on a Victorian Builders Association report which found a number of defects in the fence.
A VBA building inspector investigated the site in April 2016 and found twisted and warped pickets and that the builder did not use appropriate nails.
The report also found faults to the front sliding gate, loose palings, poor fencing structure and that the builder attached the fence to an existing fence, which had loose or rotten posts.
Ms Alford encouraged residents to take on building companies if they suspected faulty work.
“The building boom is so strong in Geelong that it enables companies to just move on to the next job. They assume most people won’t seek legal redress.”
In February VCAT ordered the company to repair the defects listed in the VBA report, to install a 1.4m front pedestrian gate detailed in the fence plan, and to refund $495 that Ms Alford erroneously overpaid.
In its latest judgement, VCAT found that the company failed to comply with the order and ordered it to pay Ms Alford $9455.
Ms Alford said her position as a senior researcher at the University of Melbourne helped her navigate the “stringent and protracted” legal process.
“One still needs a very high order of skill against companies to get up an application to VCAT. Most people would need help but you shouldn’t need extensive tertiary qualifications.”
Belmont Fencing owner Tony Kelly said his company would abide by the ruling.
“We didn’t agree with all of the outcomes of the VBA report,” he said.
Mr Kelly described the judgement as rare for the company.
“This one outcome doesn’t define what we do,” he said.
“We’ve been in business a long time for a reason.
“I’ve been in small business in Geelong for 28 years and this would be the first result of this kind in that time for us.”
