JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL
ACT: BUILDING SERVICES (COMPLAINT RESOLUTION AND ADMINISTRATION) ACT 2011 (WA)
CITATION: BACICH and T & H NOMINEES PTY LTD [2025] WASAT 63 (S)
MEMBER: MR D AITKEN, SENIOR MEMBER
HEARD: DETERMINED ON THE DOCUMENTS
DELIVERED : 14 NOVEMBER 2025
FILE NO/S: CC 26 of 2023
BETWEEN: IVAN BACICH
Applicant
AND
T & H NOMINEES PTY LTD
Respondent
Catchwords:
Home building work contract (HBWC) complaint - Review of decision of original Tribunal to decline to make a HBWC remedy order - Costs - Settlement offers - Exercise of the broad discretion regarding costs - Turns on its own facts
Legislation:
Building Services (Complaint Resolution and Administration) Act 2011 (WA), s 11(1)(d), s 41(2), s 43(1)(b), s 41(2)(d), s 58(2)
State Administrative Tribunal Act 2004 (WA), s 60(2)
Result:
Applications for costs by the applicant and the respondent dismissed
Category: B
Representation:
Counsel:
| Applicant | : | N/A |
| Respondent | : | N/A |
Solicitors:
| Applicant | : | Self-represented |
| Respondent | : | Morgan Alteruthemeyer Legal Group |
Case(s) referred to in decision(s):
Bacich and T & H Nominees Pty Ltd [2025] WASAT 63
Cairnes and Ventura Home Group Pty Ltd [2024] WASAT 111 (S)
Calderbank v Calderbank (1975) 3 All ER 333
Gileno and Riviera Homes (WA) Pty Ltd [2018] WASAT 48 (S)
Hippydayze Pty Ltd and Mener Group Pty Ltd [2019] WASAT 92 (S)
McLerie and Koleszko [2014] WASAT 160 (S)
Petsos and Judd [2025] WASAT 26 (S)
REASONS FOR DECISION OF THE TRIBUNAL:
Introduction
The dispute between the applicant, Mr Ivan Basich and the respondent, T & H Nominees Pty Ltd, which trades as Phoenix Patios, has a long history.
It concerns a patio which was constructed by the respondent at the applicant's property in Spearwood in February 2018 for the price of $11,850.00.
The applicant lodged a complaint with the Building Commissioner that the respondent had breached the contract between them dated 30 November 2017 (Contract) for the supply and installation of a patio at the applicant's property in Spearwood (HBWC Complaint).
The Building Commissioner referred the HBWC Complaint to the Tribunal pursuant to s 11(1)(d) of the Building Services (Complaint Resolution and Administration) Act 2011 (WA) (BSCRA Act), which became Matter Number CC 699 of 2022 (original proceeding).
Following a final hearing, pursuant to s 43(1)(b) of the BSCRA Act, the Tribunal[1] decided to decline to make a HBWC remedy order against the respondent and dismissed the HBWC complaint (Dismissal Decision).
[1] Constituted by Member Barton and Sessional Member Fraser.
The applicant commenced this proceeding (review proceeding) by an application to the Tribunal pursuant to s 58(2) of the BSCRA Act for review of the Dismissal Decision and following a hearing the Tribunal[2] gave the applicant leave to review the Dismissal Decision, limited to the issue of whether the respondent had breached the Contract by not obtaining approval from the City of Cockburn for the works carried out by the respondent under the Contract (the constructed patio
Keep reading for free
Create a free CaseChat account to read BACICH and T & H NOMINEES PTY LTD and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2025] WASAT 63 (S)
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to decide included whether the Tribunal exercised its broad discretion regarding costs appropriately and whether the costs claimed by the applicant were justified. The court also had to consider the respondent's contention that the Tribunal should have awarded costs in its favour due to the applicant's failure to mitigate loss. The court was tasked with reviewing the reasoning of the Tribunal in dismissing both parties' costs applications and ensuring that the decision was fair and just.
The Supreme Court found that the Tribunal had correctly exercised its discretion in dismissing both parties' costs applications. The court held that the amount of costs claimed by the applicant was excessive and not proportionate to the issues and complexity of the case. The court also noted that the Tribunal had taken into account the respondent's concession and the need for the applicant to mitigate his loss when determining the compensation award. The Supreme Court concluded that the Tribunal's decision to dismiss the costs applications was reasonable and appropriate.
The final orders of the Supreme Court were that each party's costs application was dismissed. The court upheld the Tribunal's decision not to award costs to either party, finding that the amount claimed by the applicant was not justified and that the respondent's concession and the applicant's failure to mitigate loss warranted the dismissal of costs applications.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.