SANDERS and GEMMILL HOMES PTY LTD [2017] WASAT 41
FACTS
On July 2016, the original Tribunal dismissed two complaints brought by the Geoffrey Frank Sanders (Sanders) against Gemmill Homes Pty Ltd (Gemmill Homes) and found a third complaint of faulty workmanship to be successful. Sanders sought an order from the original Tribunal requiring work to be performed to remedy the faulty workmanship.
Gemmill Homes submitted that due to a significant breakdown in the relationship between the parties that a monetary order was more appropriate. The original Tribunal accepted the submission made by Gemmell Homes and made a monetary order in favour of Sanders.
Sanders filed an application pursuant to s 58 of Building Services (Complaint Resolution and Administration) Act 2011 (WA) seeking leave to review each orders made by the original Tribunal.
ISSUES
Two issues were important:
1 The criteria for granting leave – Whether original decision was wrong or attended with sufficient doubt?
2 Factors relevant in exercise of discretion when deciding appropriate building remedy order – Whether remedial order or monetary order appropriate?
FINDINGS
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