Garpace Pty Limited t/as Broadview Aluminium v De More Constructions Pty Limited [2000] NSWSC 849

Garpace Pty Limited t/as Broadview Aluminium v De More Constructions Pty Limited [2000] NSWSC 849

Section 10 of the Home Building Act 1989 does not render unenforceable contracts between licensed builders and their unlicensed subcontractors, as the object of the Act is to protect building owners (consumers), not builders from claims by their subcontractors. The plaintiff, performing work on behalf of the licensed builder, falls outside the intent of s 10, and is not precluded from enforcing the contract.

Parties
Plaintiff: Garpace Pty Limited t/as Broadview Aluminium; Defendant: De More Constructions Pty Limited
Jurisdiction
Australia
Judgment Date
28 August 2000
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld
Legal Topics
Subcontractor, Licensing, Enforceability of Subcontract, Home Building Act
Building & Construction Subcontractor Licensing Enforceability of Subcontract Home Building Act

Case Brief

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Parties

Garpace Pty Limited t/as Broadview Aluminium

Plaintiff

De More Constructions Pty Limited

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether an unlicensed subcontractor can enforce a subcontract against a principal builder under the Home Building Act 1989

Ratio Decidendi

Section 10 of the Home Building Act 1989 does not render unenforceable contracts between licensed builders and their unlicensed subcontractors, as the object of the Act is to protect building owners (consumers), not builders from claims by their subcontractors. The plaintiff, performing work on behalf of the licensed builder, falls outside the intent of s 10, and is not precluded from enforcing the contract.

Court Disposition

Appeal upheld

Orders

  • The Magistrate's ruling is set aside.
  • Proceedings are remitted to the Local Court to be dealt with in accordance with these reasons.