Britton v Evans [2022] NSWCATCD 139

Britton v Evans [2022] NSWCATCD 139

Because the builder was unlicensed, did not provide a compliant written contract or home warranty insurance as required by the Home Building Act 1989, and the work was defective and incomplete, he cannot enforce the contract or his claim for outstanding payment, and the homeowners are entitled to compensation for specific rectification work quantified by expert evidence.

Parties
Applicant: Joanne Britton; Applicant: Graham Britton; Respondent: Aaron James Evans t/as AJE Carpentry
Jurisdiction
Australia
Judgment Date
01 September 2022
Procedural Posture
Building Claim (consumer and Commercial Division Residential Building Work) / Final Decision After Hearing
Outcome
Application allowed in part; counterclaim dismissed.
Legal Topics
Unlicensed Building Work, Statutory Warranties, Defective and Incomplete Work, Quantum Meruit, Expert Evidence Fees
Home Building Law Consumer Law Unlicensed Building Work Statutory Warranties Defective and Incomplete Work Quantum Meruit Expert Evidence Fees

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Parties

Joanne Britton

Applicant

Graham Britton

Applicant

Aaron James Evans t/as AJE Carpentry

Respondent

Procedural Posture

Building Claim (consumer and Commercial Division Residential Building Work) / Final Decision After Hearing

Legal Issues

  1. 1 Whether the builder, being unlicensed and lacking a written contract and insurance, is entitled to payment under the contract for building work.
  2. 2 Whether the homeowners are entitled to a refund of monies paid for unlicensed work under the Home Building Act 1989.
  3. 3 Whether the builder is entitled to enforce a quantum meruit claim for incomplete and defective work.

Ratio Decidendi

Because the builder was unlicensed, did not provide a compliant written contract or home warranty insurance as required by the Home Building Act 1989, and the work was defective and incomplete, he cannot enforce the contract or his claim for outstanding payment, and the homeowners are entitled to compensation for specific rectification work quantified by expert evidence.

Court Disposition

Application allowed in part; counterclaim dismissed.

Orders

  • Joanne Britton and Graham Britton are not required to pay to Aaron James Evans trading as AJE Carpentry the sum of $5,990.60 claimed.
  • Aaron James Evans trading as AJE Carpentry is, on or before 1 October 2022, to pay to Joanne Britton and Graham Britton the sum of $13,175.54.