Cases about building and construction
Find summaries of past cases you may find useful about building and construction. These case summaries show how the law was applied.
Nostra Homes and Developments Pty Ltd v Komuves (Building and Property) 
Construction law imposes its own gloss on the rule of contract law that the innocent party is entitled by an award of damages to be put in the same position it would have been had the contract breaker performed the contract. In the case of a home owner seeking rectification damages because a builder has not carried out the works in accordance with the plans and specifications, the award of such damages must also be “necessary and reasonable” in the circumstances. By referring to the approach taken by the courts (notably Stone v Chappel) in determining whether rectification damages are necessary and reasonable, Member Kincaid provides guidance to homeowners coming to the Tribunal seeking such damages.
ACN 115 918 959 Pty Ltd v Moulieris
It shows circumstances where VCAT can dismiss cases. It also highlights the number of chances VCAT may give parties who do not comply with orders.
Owners Corporation No. 711686W v Sceam Construction Pty Ltd (2020)
Discussion on VCAT's jurisdiction under the Domestic Building Contracts Act 1995 to hear a domestic building dispute brought by an owners corporation against a domestic builder .
Owners Corporation No. 711686W v Sceam Construction Pty Ltd (2021)
VCAT explored a managing agent's cost recovery claim for appearing at a hearing.
Maxcon Constructions Pty Ltd v The Mercer Development Pty Ltd
Injunction application made by a domestic builder to stop the owner from cashing a bank guarantee valued in excess of $1 million.
Owners Corporation PS623721 v Shangri-La Construction (3 June 2021)
Decision highlights the differences between an application for security of costs in VCAT and an application in the courts.
Owners Corporation PS623721 v Shangri-La Construction (28 June 2021)
Consideration of a claim that legal professional privilege over senior counsel’s advice obtained by a party had been waived.
Owners Corporation PS623721 v Shangri-La Construction (8 July 2021)
An insurer applied for a declaration that legal professional privilege over communications passing between the insurer and its insured had been waived.
Owners Corporation PS623721 v Shangri-La Construction (27 July 2021)
Order for a party to remove its solicitors from the record because the party was allowed to file and serve a witness statement of an employer solicitor, who was employed by those solicitors.
Team Building Pty Ltd v HX Group (Richmond) Pty Ltd & Ors
Order for the discovery of correspondences by the respondents to an injunction application before the hearing. Restraining injunction applications are usually made by an applicant based only on evidence that the applicant may have in its possession at the time.