Bliss v Durran t/as Canberra Sheds and Outdoor Storage; Durran t/as Canberra Sheds and Outdoor Storage v Bliss [2017] NSWCATCD 50

Bliss v Durran t/as Canberra Sheds and Outdoor Storage; Durran t/as Canberra Sheds and Outdoor Storage v Bliss [2017] NSWCATCD 50

The builder breached the statutory warranties implied by the Home Building Act 1989 (NSW) by not constructing the studio to Class 1A standards as represented and required given the owners' communicated purpose. Damages are awarded to the owners for rectification to bring the building into conformity, with deduction for unpaid contract sums. The builder, being unlicensed, cannot recover under contract or quantum meruit as it was not just and equitable to do so.

Parties
Applicant/cross Respondent: Stephen Bliss; Applicant/cross Respondent: Delys Bliss; Respondent/cross Applicant: Colin Durran t/as Canberra Sheds and Outdoor Storage
Jurisdiction
Australia
Judgment Date
27 June 2017
Procedural Posture
Civil / Principal Judgment
Outcome
Owners' claim allowed in part; builder's claim dismissed.
Legal Topics
Statutory Warranties, Quantum Meruit, Defective Building Work, Implied Terms, Home Warranty Insurance, Licensing
Home Building Consumer Law Contract Statutory Warranties Quantum Meruit Defective Building Work Implied Terms Home Warranty Insurance +1 more

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Parties

Stephen Bliss

Applicant/cross Respondent

Delys Bliss

Applicant/cross Respondent

Colin Durran t/as Canberra Sheds and Outdoor Storage

Respondent/cross Applicant

Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 Whether the builder breached statutory warranties under the Home Building Act 1989 (NSW)
  2. 2 Whether it was an implied or express term that the studio be constructed to Class 1A standard of the Building Code of Australia
  3. 3 Whether the builder, being unlicensed and uninsured, could recover further monies under contract or quantum meruit

Ratio Decidendi

The builder breached the statutory warranties implied by the Home Building Act 1989 (NSW) by not constructing the studio to Class 1A standards as represented and required given the owners' communicated purpose. Damages are awarded to the owners for rectification to bring the building into conformity, with deduction for unpaid contract sums. The builder, being unlicensed, cannot recover under contract or quantum meruit as it was not just and equitable to do so.

Court Disposition

Owners' claim allowed in part; builder's claim dismissed.

Orders

  • In Matter HB 16/31967, Colin Durran t/as Canberra Sheds and Outdoor Storage is to pay Stephen Bliss and Delys Bliss the sum of $13,499.68 immediately.
  • Stephen Bliss and Delys Bliss do not owe Colin Durran t/as Canberra Sheds any further amounts under the contract between the parties.