Commodore Homes (WA) Pty Ltd and Austin and Anor

In the case of Commodore Homes (WA) Pty Ltd and Austin and Anor, the Court of Appeal examined the decision of the Building Disputes Tribunal. The tribunal had ordered that Commodore Homes (WA) Pty Ltd, a building contractor, undertake remedial work on a retaining wall, which was not part of the building work undertaken. The respondents, Austin and another party, sought to enforce this order. The legal issues the court had to resolve included whether the tribunal had the authority to order remedial work for a retaining wall that was not part of the original building work and whether the order was competent. The court found that the tribunal's order was not competent as it extended beyond the scope of the original building work. The court set aside the order to remedy no 304/2003-04 and referred the matter back to the tribunal to determine the reasonable compensation payable to the respondents under section 12A(1a)(b)(ii) of the Builders' Registration Act 1939 (WA). The court's decision ensured that the tribunal's order was within the scope of its authority and provided a clear path for the respondents to seek compensation for the work completed.