NSW Caselaw
New South Wales District Court
CITATION: Alexander & Anor v Gregoriou & Ors [2010] NSWDC 15
HEARING DATE(S): 19 - 22 October 2009 and 6 November 2009
JUDGMENT DATE: 22 February 2010
JURISDICTION: Civil
JUDGMENT OF: Hungerford ADCJ
(1) The first and second plaintiffs are entitled to a verdict against the second and third defendants on the claim in the amount of $34,335.62. (2) Liability of the second and third defendants to be apportioned between them on judgment in the amount of $17,167.81 for each. DECISION: (3) The first defendant is entitled to a verdict against the first and second plaintiffs on the claim. (4) The cross-defendants on each of the three respective cross-claims are entitled to a verdict against the cross-claimants. (5) Parties to be heard on interest and costs before final orders are made.
CATCHWORDS: BUILDING CONTRACTS - Oral contracts with project manager and builder by owners for performance of residential building work - Contractual relationship between parties - Respective obligations of project manager and builder - Unlicensed contractors - Failure to obtain home warranty insurance - Whether building contracts enforceable - Whether owners can recover from contractors monies already paid by them - Remuneration to which contractors entitled from owners for work done - Quantum meruit - Status of contractors' unpaid progress claims - Defective work - Cost of rectification work - Breach of contract - Breach of statutory warranties - Cross-claims for indemnity and/or contribution - Whether GST payable on award of damages - Proportionate liability
A New Tax System (Goods and Services Tax) Act 1999 (Cth), ss 9(5) and 10(4) Builders Licensing Act 1971, s 45 Civil Liability Act 2002, ss 34(1)(a), 34(2), 35(1) and Pt 4 Contracts Review Act 1980, s 7 LEGISLATION CITED: Fair Trading Act 1987, s 42 Home Building Act 1989, ss 3(1), 4(1), 5(1), 5(2), 7(1), 7(2), 7AA(1), 7A, 10(1), 18B, 92(1)(b), 92(2)(a), 92(3), 94(1), 94(1A), 94(2), 94(3) and 120(4) Home Building Regulation 2004, cl 9(1)(g)(iii) Law Reform (Miscellaneous Provisions) Act 1946, s 5 Trade Practices Act 1974 (Cth), s 52
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