Ferguson v Riviera Building and Construction Pty Ltd; Riviera Building and Construction Pty Ltd v Ferguson

Doug Ferguson, the home owner, brought proceedings against Riviera Building and Construction Pty Ltd, the builder, regarding a dispute over the quality of the works performed on his home. The dispute involved issues of defective works, repudiation of contract, and the respective damages owed by each party. The case was heard and determined by the Civil and Administrative Tribunal of New South Wales. The central legal issues revolved around whether the builder had repudiated the contract, the extent of the defects and incomplete works, and the appropriate quantum of damages to be awarded to each party. The court had to assess whether the builder's actions justified termination of the contract and the homeowner's entitlement to damages for incomplete and defective works. Additionally, the court considered whether the builder could recover any damages from the homeowner and the appropriate interest to be applied to the damages awarded.

The Tribunal found that Riviera Building and Construction Pty Ltd had repudiated the contract due to the significant defects and incomplete works. Consequently, the Tribunal ruled in favour of the homeowner, Doug Ferguson, awarding him $5269.00 for the defects and other issues. However, the Tribunal also found that Mr Ferguson had repudiated the contract by refusing to make certain payments to the builder, leading to a counterclaim by Riviera Building and Construction Pty Ltd. The Tribunal assessed the builder's entitlement to damages and ordered Mr Ferguson to pay $53,893.77 to the builder. The Tribunal's decision took into account the principle of quantum meruit and the respective interests of justice, including the reopening of the case after the hearing to ensure a fair outcome for both parties.

The court's final orders were that Riviera Building & Construction Pty Ltd must pay Doug Ferguson $5269.00 for the defects on or before 21 March 2017. Conversely, Doug Ferguson was ordered to pay Riviera Building & Construction Pty Ltd $53,893.77 on or before the same date. The orders also addressed the application for costs, stipulating that any application must be supported by evidence and submissions of no more than three pages and filed with the Tribunal. If no application for costs was made by 7 April 2017, there would be no order as to costs. The parties were also required to indicate their consent to the issue of costs being determined dealt with on the papers or to make submissions as to why such an order should not be made.