Event and Time
Event Description
The case involves a dispute between the Owners Corporation of a strata scheme and Mr. Da Silva, a tiler and waterproofer, over defective residential building work performed on the balconies of units 301, 302, and 303 at the "Lamia" building in Marrickville, New South Wales. The Owners Corporation alleges that the work was not compliant with the Australian Standards and the Building Code of Australia, leading to water ingress during periods of rain.
Application and Claims
- The Owners Corporation claims that Mr. Da Silva breached his contract to undertake the work, contending that the work performed was defective and led to water entering the units.
- The Plaintiffs file for damages to rectify the work carried out, administered under the Home Building Act 1989 and the Design and Building Practitioners Act 2020.
Judicial Decisions
- The trial court found in favor of the Owners Corporation, awarding $317,707.93 in damages after accounting for contributions from another defendant.
Dispute Points and Legal Basis
Dispute Points
1. Breach of Contract: - Owners Corporation: Claims defective work led to water ingress. - Mr Da Silva: Argues he cannot be liable for breach of contract based on a non est factum defense, stating he performed the work as instructed, and claimed an alleged oral variation to the scope.
2. Causation and Standard of Care: - Owners Corporation: Alleges that the work performed did not conform to the required standards causing economic loss. - Mr Da Silva: Contests causation, indicating that any issues arose from pre-existing deficiencies unrelated to his work.
3. Statutory Duty of Care: - Owners Corporation: Asserts a breach of the duty prescribed by section 37 of the Design and Building Practitioners Act 2020. - Mr Da Silva: Concedes the existence of a duty but claims the definition of "construction work" was misunderstood and asserts compliance based on an alleged varied scope.