Leaky home owner ordered to pay builders

Published: 12:47AM Thursday March 26, 2009 Source: ONE News

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The owner of a leaky home is being forced to pay the builders and the council for court costs, after losing her final appeal for compensation, after an eight-year struggle.
 
Miranda Patrick says the government's leaky homes solution is far from being fair and just and now she has to stump up more than $170,000 in court costs for those who built and signed off on her home, despite the fact everyone agrees she has a leaky house.

Patrick's says her dream home has turned into a nightmare.

She says water was leaking onto her head while she was asleep on her bed.

In fact the situation is so bad that her million dollar mansion is rotten and developed toxic mould.

For eight years she fought for compensation, during which time her marriage collapsed, she lost her job, and battled tongue and throat cancer.

"You're fighting so many different people and it's a constant battle and it requires so much of your time and effort that it's very hard to focus on the other areas of your life and it's very depressing as well," says Miranda.

At first Miranda thought the leaks were just a teething problem and by the time she filed a compensation claim with the Weathertight Homes Tribunal, she had missed the deadline by more than a year.

Her case was heard, but rejected because of the time lapse and a lack of evidence.

She appealed to the High Court, and lost again.

The court wouldn't hear new evidence of probe testing, Miranda believed proves her case.

"It's a bit like being a rapist in jail. A convicted rapist with all the evidence, the DNA evidence to prove that you're innocent but nobody will look at it," says Miranda.

Experts on both sides agree she does have a leaky home, but she's still been ordered to pay legal costs of $173,000 to the builders, window fitters and council.

Miranda says she no one after hearing her story can actually believe that she is being made to pay the cost.

"Everyone I tell about this they say, hang on a minute they built it out of the wrong materials, they didn't install them properly, they signed off on it, it's a leaky house and you're paying them?"

John Gray, President of the Home Owners & Buyers Association, which fights for people who are in leaky homes, said the association is familiar with Miranda's case and do not believe justice has been done.

"It's leaky and extremely defective, and it's morally corrupt to see that the industry in general, including the councils have just turned their back on this problem," says Gray.

Miranda's house will cost half a million dollars to fix, she's now trying to sell it.

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