The case highlights the approach recently taken by the Victorian Supreme Court of Appeal when assessing claims under the s.18 of the ACL regarding express representations made within a Building and Construction Contract, and the Courts approach in its assessment of pleadings within a statement of Claim in relation to the representations. This case further […]

Champion Homes Sales Pty Ltd v Commissioner for Fair Trading [2018] NSWCATOD 114 FACTS Champion Homes Sales (the Applicant) is a holder of a contractor licence under the Home Building Act 1989 (NSW) (the Home Building Act). The Applicant carried out works at two properties and subcontracted a water proofer to carry out waterproofing works […]

Southern Cross Electrical Engineering v Steve Magill Earthmoving [2018] NSWSC 1027 FACTS Southern Cross Electrical Engineering (the Plaintiff) and Steve Magill Earthmoving (the Defendant) entered into a Subcontract whereby the Defendant would perform excavation and trenching works (the Works). The Subcontract was a construction contract for the purposes of the Building and Construction Industry Security […]

Valeo Construction v Pentas [2018] VSC 243 FACTS Valeo Construction Pty Ltd (the Plaintiff) and Pentas Property Investments Pty Ltd (the Defendant) entered into a contract whereby the Plaintiff would construct a five-storey residential apartment building, with two levels of basement car-parking and some commercial tenancies at 178 Victoria Avenue, Albert Park (the site) in […]

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 […]