Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13:

1. These reasons relate to an appeal by Dwyer Building Group Pty Ltd (the builder) against a decision made by the Tribunal on 30 August 2024 (the decision) in renewal proceeding (the renewal proceedings) relating to a work order made on 4 May 2023 in original proceedings. The work order was made in original proceedings, brought by Deanna Spicer (the homeowner) concerning the renovation of her home by the builder (the original proceedings).

2. In the decision in the renewal proceedings the Tribunal ordered that:

(1) The work order dated 4 May 2021 in Tribunal Proceedings No. HB 20/33412 is vacated;

(2) The home building contract dated 29 November 2018 between the Applicant and the Respondent to renovate the Applicant's property at [address] is terminated forthwith;

(3) The Respondent, Dwyer Building Group Pty Ltd ACN 617 566 944, is to pay to the Applicant, Deanna Spicer, of [address], the sum of $251,187.45 on or before 25 September 2024; and

(4) The Respondent is to pay the Applicant's costs of these renewal proceedings on a party/party basis and as agreed or assessed.

3. There is also a cross-appeal by the homeowner against the decision.

4. The original proceedings were commenced on 5 August 2020. They related to a contract between the parties and sought orders under s 48O(1) of the Home Building Act 1989 (NSW) (the HBA). The building works under the contract were incomplete when the original proceedings were commenced. The builder, at that time, cross-claimed for payments said to be due to it.

5. The work order made in the original proceedings on 4 May 2021 provided:

In the Owner's Proceedings (HB 20/33412), the Tribunal:

(a) ORDERS that the Builder; in accordance with applicable laws, rules, codes and standards and in a proper and workmanlike manner, complete the works under the contract dated 29 November 2018 within a reasonable time;

(b) NOTES that on 17 July 2020, the Builder proposed an amended project schedule (CB which is Ex Jl vol 2, p578-580) which, inter alia, provided for the completion of the works within 6.5 months of recommencement;

(c) ORDERS that the parties' costs of the Owner's Proceedings be reserved and, if necessary, determined in any renewal proceedings;

(d) NOTES the agreement of the parties to amend the contract dated 29 November 2018 as follows:

(i) With 28 days after date of these Orders, the Owner will pay the balance of the contract price (which will be $119,884.53 incl GST) into the Builder's solicitor's trust account to be dealt with at the Owner's direction;

(ii) The Builder may submit claims for payment on account pursuant to Schedule 2 of the contract;

(iii) Within 5 days of receipt of an invoice, the Owner must provide the Builder with written notice of any specific components of the work the subject of each invoice which she disputes; (iv) 5 business days after receipt of an invoice by the Owner, the Owner will be deemed to have consented to the Builder's solicitor releasing the amount claimed in the Builder's solicitor's trust account to the Builder (except for any specific components the subject of a notice issued by the Owner in accordance with (iii)); and

(v) to the extent that the parties cannot agree on whether the work the subject of a notice by the Owner in accordance (iii) has been completed, the parties agree to use the dispute resolution procedure set out in clause 26 of the contract.

(e) NOTES that the Owner will take all reasonable steps to remove reviews from the Builder's listings on Yellow Pages and Google which she was responsible for publishing.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1976160fc4d7936ffd335995)

Disclaimer: Curated by HT Syndication.