DESHMUKH and DISTINCTIVE BUILDING SERVICES PTY LTD

The case of Deshmukh and Distinctive Building Services Pty Ltd was heard before the Supreme Court of Western Australia. The dispute involves the applicants seeking damages for delay in the completion of a dwelling under the Building Services (Complaint Resolution and Administration) Act 2011 (WA). The applicants, Deshmukh, alleged that the builder, Distinctive Building Services Pty Ltd, had not completed the work in a timely manner as agreed upon in the contract. The applicants sought leave to review the decision of the original Tribunal that had declined to make a Home Building Works Compensation (HBWC) remedy order.

The court was tasked with determining whether the original Tribunal had breached the rules of natural justice and whether it had erred in declining to make a HBWC remedy order. The applicants argued that the Tribunal had not properly considered their evidence and had failed to provide reasons for its decision. They also contended that the Tribunal had misconstrued the discretion to make a HBWC remedy order. The builder, on the other hand, asserted that the Tribunal's decision was correct and that the applicants had not demonstrated that the Tribunal had breached any principles of natural justice or made an error in the exercise of its discretion.

The court found that the original Tribunal had indeed breached the rules of natural justice by failing to provide adequate reasons for its decision. It also held that the Tribunal had misconstrued the discretion to make a HBWC remedy order, as it had not properly considered the applicants' evidence. The court concluded that the applicants would suffer substantial injustice if leave to review was not granted, and accordingly, granted the application for leave to review. The matter was remitted back to the Tribunal for reconsideration in light of the court's findings.