Guiffre v Srinivasan [2017] NSWCATAP 121

Guiffre v Srinivasan [2017] NSWCATAP 121

The builder, Mr Guiffre, as a party to the home building contract, remains liable for failure to complete or properly perform the building work, even where payment and practical management were handled by a third party project manager appointed by him. Payments made by the owner to Houselogic were payments made to Mr Guiffre as builder, as Houselogic acted as Mr Guiffre's agent. The statutory warranties under the Home Building Act 1989 (NSW) apply to Mr Guiffre, and he is liable to compensate the respondent for the cost of incomplete and defective works, with no error in the Tribunal's previous finding.

Jurisdiction
Australia
Judgment Date
25 May 2017
Procedural Posture
Internal Appeal / Determination of Application for Leave to Appeal and Substantive Appeal
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
['builder Liability' 'statutory Warranties' 'project Management Arrangements' 'failure to Complete Building Work' 'failure of Consideration']
['contract Law' 'home Building'] ['builder Liability' 'statutory Warranties' 'project Management Arrangements' 'failure to Complete Building Work' 'failure of Consideration']

Case Brief

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Procedural Posture

Internal Appeal / Determination of Application for Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 ['Whether the builder (Mr Guiffre) is liable under the home building contract for incomplete and defective building work carried out by a project manager appointed by the builder.' 'Whether the builder can avoid liability by claiming not to have received payments or performed any building work.' 'Whether the Tribunal erred in finding there was no total failure of consideration.' 'Whether the statutory warranties in the Home Building Act 1989 (NSW) apply to the builder despite the project manager arrangement.']

Ratio Decidendi

The builder, Mr Guiffre, as a party to the home building contract, remains liable for failure to complete or properly perform the building work, even where payment and practical management were handled by a third party project manager appointed by him. Payments made by the owner to Houselogic were payments made to Mr Guiffre as builder, as Houselogic acted as Mr Guiffre's agent. The statutory warranties under the Home Building Act 1989 (NSW) apply to Mr Guiffre, and he is liable to compensate the respondent for the cost of incomplete and defective works, with no error in the Tribunal's previous finding.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • ['Leave to appeal is refused.' 'Appeal is dismissed.' 'No order as to the costs of the appeal.']