Court awards Wide Bay couple $25k for pool cracks

A WIDE Bay couple has been awarded $25,000 compensation for irreparable cracks appearing in their new pool.

A WIDE Bay couple has been awarded $25,000 compensation for irreparable cracks appearing in their new pool.

Anne Crosby and Colin Browning paid $39,200 for the new pool which Narellan Pools Fraser Coast installed in November, 2009.

Unsatisfied with the response from the company, the couple took the case to the Queensland Civil and Administrative Tribunal.

They raised concerns about the cracks, also known as fractures or crazing, the "bounce" and drumming sound in the beach area of the swimming pool and the ineffective cleaning system.

They sought $96,000 as compensation and costs for rectification.

Licensed building certifier Rick Drew testified at the hearing in August that the foundation material was extremely reactive and that movement would have a major impact on a fibreglass swimming pool.

He concluded there was an invalid approval because a soil test was not conducted, and the pool would get progressively worse.

Keith Gill, from Bundaberg Fibreglass Services, said he believed the cracks could affect the structural integrity of the pool and a $10,000 gel coat finish to repair it would result in a poor finish.

Peter Stollery, an expert the pool company funded, concluded the cracks were cosmetic only and the drumming sound in the beach was common for the design.

Member John Milburn, in a judgment published online this week, said Narellan Pools Fraser Coast had not performed in accordance with their obligations in the contract signed with its customers.

But he said he was not satisfied repairs would be successful and the damage was not sufficient to warrant immediate removal and replacement.

"The structural integrity of the pool is at risk but at this time it is intact," he said.

"If the structure fails the applicants may claim against the structural warranty provided to them.

"They still have a pool which can be used and which may result in an increase in the value of their property."

Mr Milburn said he understood the pool owners planned to remove and replace the pool.

But he awarded the $25,000 compensation for the value reduction in the goods purchased and the time invested to seek to remedy the problem.