Champion Homes Sales Pty Limited v Coghlan

Champion Homes Sales Pty Limited has appealed to the court against a decision made by the Consumer Trader and Tenancy Tribunal, regarding a dispute involving spoil removal costs from a building contract. The appellant, Champion Homes, had entered into a building contract with a customer, but the contract did not include a signed variation for the removal of spoil. The Tribunal had previously ordered the respondent, Coghlan, to pay for the spoil removal costs, as well as other costs associated with the contract. Champion Homes Sales argued that there was no signed variation for the spoil removal costs and sought to overturn the Tribunal's decision.

The court was required to determine whether the spoil removal costs were properly included in the Tribunal's orders. The central issue was whether a signed variation was necessary for the costs to be enforceable under the contract. The court also needed to consider the appropriate amount of costs to be awarded to Champion Homes Sales.

The court found that the spoil removal costs were not included in the original contract and no signed variation was present to support the Tribunal's decision. The court acknowledged that the costs were reasonable and necessary, but held that they could not be enforced without a signed variation. The court ordered the Tribunal's decision regarding the spoil removal costs to be set aside. Champion Homes Sales was awarded $2,000 for the spoil removal costs, plus an additional $1,200 for costs. The enforcement of the judgment for $3,200 was stayed for 28 days to allow for any potential appeal.