Dimitropoulos v Capitol Constructions Pty Ltd; Capitol Constructions Pty Ltd v Dimitropoulos

In the matter of Dimitropoulos v Capitol Constructions Pty Ltd and the related cross-claim by Capitol Constructions Pty Ltd v Dimitropoulos, the dispute arose from a home construction project which involved allegations of wrongful termination, substantial and serious breaches, anticipatory breaches, repudiation, and abandonment. The matter was heard by the NSW Civil and Administrative Tribunal. The central issue before the Tribunal was whether the homeowners were justified in terminating the contract due to the builder's alleged breaches, or whether the builder had a valid cause of action for the homeowners' wrongful termination. A secondary issue was the allocation of costs between the parties.

The Tribunal found that the homeowners were justified in terminating the contract due to the builder's substantial and serious breaches, including the use of unlicensed sub-contractors, numerous variations, and significant defects. The Tribunal determined that the homeowners were not in breach of contract by terminating the agreement. Regarding the builder's cross-claim for wrongful termination, the Tribunal found that the builder had not established that the homeowners' termination was unjustified. The Tribunal ordered that the homeowners pay the builder the sum of $73,968.96, representing the value of work completed up to the termination date. The builder was also ordered to provide all necessary certification to issue an occupation certificate for the property. Both parties were required to submit written submissions and documents regarding costs, with an opportunity for oral submissions if either party wished to be heard.