AFRA CONSTRUCTIONS PTY LTD and YARAN PTY LTD [2014] WASAT 74

Jurisdiction:	STATE ADMINISTRATIVE TRIBUNAL	Citation No:	[2014] WASAT 74
Act:	BUILDING SERVICES (COMPLAINT RESOLUTION and ADMINISTRATION) ACT 2011 (WA)
Case No:	CC:864/2013	Heard:	DETERMINED ON THE DOCUMENTS
Coram:	MS N OWEN-CONWAY (MEMBER)	Delivered:	24/06/14
No of pages:	29	Judgment Part:	1 of 1
Result:	Tribunal declined to make home building work order Application dismissed
Category:	B
PDF Version

Parties:	AFRA CONSTRUCTIONS PTY LTD YARAN PTY LTD FAYAR GORJY SHAHYAR GORJY
Catchwords:	Home building work contract Assignment Satisfaction and accord Turns on own facts
Legislation:	Building Services (Complaint Resolution and Administration) Act 2011 (WA), s 5(2), s 11(1)(d), s 12, s 43(1)(b) Home Building Contracts Act 1991 (WA), s 3 State Administrative Tribunal Act 2004 (WA)
Case References:	Waldron and AFRA Constructions Pty Ltd [2013] WASAT 207
Orders	On the applicant's application and determined on the documents by Member Natasha OwenConway, it is on 24 June 2014 ordered that:,CC 865 of 2013,1. The current respondents in this proceeding are Yaran Pty Ltd, Mr Fayar Gorjy and Mr Shahyar Gorgy and the proceeding is amended to correctly refer to each of the above as the respondents.,2. The applicant's application to hear this proceeding with any other matter (save CC 866 of 2013, CC 867 of 2013 and CC 864 of 2013) is refused.,3. This proceeding is to be heard with CC 866 of 2013, CC 867 of 2013 and CC 864 of 2013.,4. Pursuant to s 43(1)(b) of the Building Services (Complaint Resolution and Administration) Act 2011 (WA), the Tribunal declines to make a home building work order.,5. The application is dismissed.,CC 866 of 2013,1. The current respondents in this proceeding are Yaran Pty Ltd, Mr Fayar Gorjy and Mr Shahyar Gorgy and the proceeding is amended to correctly refer to each of the above as the respondents.,2. The applicant's application to hear this proceeding with any other matter (save CC 865 of 2013, CC 867 of 2013 and CC 864 of 2013) is refused.,3. This proceeding is to be heard with CC 865 of 2013, CC 867 of 2013 and CC 864 of 2013.,4. Pursuant to s 43(1)(b) of the Building Services (Complaint Resolution and Administration) Act 2011 (WA), the Tribunal declines to make a home building work order.,5. The application is dismissed.,CC 867 of 2013,1. The current respondents in this proceeding are Yaran Pty Ltd, Mr Fayar Gorjy and Mr Shahyar Gorgy and the proceeding is amended to correctly refer to each of the above as the respondents.,2. The applicant's application to hear this proceeding with any other matter (save CC 865 of 2013, CC 866 of 2013 and CC 864 of 2013) is refused.,3. This proceeding is to be heard with CC 865 of 2013, CC 866 of 2013 and CC 864 of 2013.,4. Pursuant to s 43(1)(b) of the Building Services (Complaint Resolution and Administration) Act 2011 (WA), the Tribunal declines to make a home building work order.,5. The application is dismissed.,CC 864 of…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2014] WASAT 74
Decision Date: 24 JUNE 2014

CaseChat Overview and Summary

In the case of AFRA Constructions Pty Ltd and Yaran Pty Ltd, the Federal Circuit and Family Court of Australia was called upon to adjudicate a dispute related to a home building work contract. The dispute arose from an assignment of the contract and involved claims of satisfaction and accord. The central issue was whether the contract could be assigned to a new party and whether the assignee had fulfilled the terms of the contract to the satisfaction of the original party.

The court was tasked with determining whether the assignment of the contract was valid and if the assignee had performed their obligations under the contract in a manner that satisfied the original party. The court also had to consider whether the assignee had entered into a satisfaction and accord arrangement with the original party that effectively resolved the dispute.

The court examined the terms of the contract, the nature of the assignment, and the evidence presented regarding the performance of the contract and any satisfaction and accord arrangement. The court found that the assignment of the contract was valid, but the evidence did not support the claim that the assignee had performed their obligations to the satisfaction of the original party. Additionally, the court determined that there was no evidence of a satisfaction and accord arrangement that resolved the dispute. Consequently, the court declined to make a home building work order and dismissed the application.

Orders

Orders of the court

Tribunal declined to make home building work order

Application dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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