Cyrilak Homes Pty Ltd and Siriwardeena v Weerasooriya; Weerasooriya v Cyrilak Homes Pty Ltd and Siriwardeena

The case between Cyrilak Homes Pty Ltd and Siriwardeena and Weerasooriya, as well as Weerasooriya versus the same defendants, revolves around a dispute in relation to the construction of a residential home. The homeowner, Weerasooriya, brought proceedings against the builder and the homeowner's representative, Siriwardeena, for the alleged failure to construct the home according to the plans and specifications. Conversely, the builder and Siriwardeena sought to have the homeowner pay an outstanding balance for the home's construction.

The primary legal issue the court needed to address was whether the builder had failed to construct the home according to the agreed plans and specifications. A secondary issue was whether the homeowner was required to pay the outstanding balance for the home's construction. The court also needed to determine the appropriate remedies for any breaches of contract.

The court found that the builder had indeed failed to construct the home according to the plans and specifications. Specifically, the roof line did not conform to the plans and specifications. The court held that the homeowner was not required to pay the outstanding balance for the home's construction as the builder had not completed the work to the required standard. The court ordered the builder to rectify the roof line to conform with the plans and specifications by a specified date. The court also ordered the homeowner to pay the builder an amount owed for the home's construction, plus interest, by a specified date. The court ordered each party to bear their own costs but stayed the enforcement of that order to allow for any submissions by the specified date.