Lewis and Waco Pty Ltd

Lewis and Waco Pty Ltd was a dispute involving a subsequent purchaser of a property and a registered building service provider. The purchaser, Lewis, lodged a complaint under the Building Services (Complaint Resolution and Administration) Act 2011 (WA) concerning issues with building work carried out by Waco Pty Ltd, the service provider. Some of the complaints Lewis raised were based on non-compliance with contractual obligations between Waco and the previous owner. The court had to determine whether the complaints warranted the exercise of discretion under the Act and whether the issues raised by Lewis related to work that was faulty or unsatisfactory, or not carried out in a proper and proficient manner.

The primary legal issues were whether the court had the authority to address complaints that did not manifest as defects at the time of Lewis's purchase, and whether the complaints related to work that was faulty or unsatisfactory, or not carried out in a proper and proficient manner. The court had to interpret the provisions of the Act to determine if it could exercise its discretion in such circumstances, and to assess whether the nature of the complaints was within the scope of the Act.

The court found that while some of the complaints were based on non-compliance with contractual obligations with the previous owner, there was no manifested defect at the time Lewis purchased the property. However, the court exercised its discretion under the Act to address the complaints that related to work which was faulty or unsatisfactory, or not carried out in a proper and proficient manner. The court concluded that the Act allowed it to consider complaints even in the absence of a manifested defect if the work was inherently faulty or not carried out properly. This decision was based on a broad interpretation of the Act's provisions to ensure that subsequent purchasers could seek redress for issues with building work, even if those issues did not manifest immediately.

The court ordered Waco Pty Ltd to remedy the issues raised by Lewis, ensuring that the building work was brought up to standard. The court emphasised that the exercise of discretion was not to be taken lightly and should only be exercised in circumstances where the complaints related to work that was inherently faulty or not carried out in a proper and proficient manner. This decision provided clarity on the scope of the Act and the court's ability to address complaints that did not manifest as defects at the time of the subsequent purchase.