Huy Bui and Suzanne Bui v DB Homes Pty Ltd

The Applicants, Huy Bui and Suzanne Bui, sought compensation from the Respondent, DB Homes Pty Ltd, in relation to alleged defects in a residential property they purchased. The case was heard in the Magistrates Court of Victoria. The Buis purchased a property from DB Homes and, upon moving in, discovered significant defects that rendered the house uninhabitable. They brought a claim for damages against the builder for failing to deliver a property that was fit for habitation and free from defects as guaranteed under the building contract.

The court was required to determine whether DB Homes had breached the terms of the building contract by failing to deliver a property that was fit for habitation and free from defects. The Buis argued that the defects were significant and materially affected their ability to occupy the property. The Respondent contended that the defects were minor and did not amount to a breach of the contract.

The court found that DB Homes had indeed breached the building contract by failing to deliver a property that was fit for habitation and free from defects. The defects identified by the Buis were significant and had materially affected their ability to occupy the property. The court held that the Respondent was liable for the damages claimed by the Buis. Accordingly, the Respondent was ordered to pay the Applicants the sum of $5,000.00 within 14 days of the date of the orders.