Keith v M and M Building Pty Ltd; M and M Building Pty Ltd v Keith

The case of Keith v M and M Building Pty Ltd, and M and M Building Pty Ltd v Keith, was heard by the Civil and Administrative Tribunal of New South Wales. The homeowners, Duncan and Emma Keith, brought claims against the building company, M and M Building Pty Ltd, in relation to the termination of a building contract and the payment of a substantial sum for the work performed. The homeowners sought payment for work completed and damages for the termination of the contract, while the builder sought to avoid paying for the work done and claimed that the homeowners had terminated the contract.

The central legal issue before the Tribunal was whether the homeowners lawfully terminated the building contract at common law and, if so, what sum was owed to the homeowners for the work completed. The Tribunal needed to determine whether the homeowners had valid grounds for terminating the contract and whether the builder was entitled to any compensation for the work performed. Additionally, the Tribunal had to decide on the appropriate amount of payment due to the homeowners for the work completed.

The Tribunal found that the homeowners lawfully terminated the building contract at common law, primarily due to the builder's failure to complete the work in a timely and workmanlike manner. The Tribunal held that the builder was not entitled to any compensation for the work performed because of the termination. The Tribunal ordered the builder to pay the homeowners $421,960.69 for the work completed, and to provide all receipts for white goods purchased on behalf of the homeowners. The Tribunal also directed that if the parties could not agree on the issue of costs, they must submit written submissions on the matter, including whether a hearing on the issue of costs should be dispensed with. The applications regarding Shaun Mowbray and Malcolm Blair were dismissed as withdrawn.