McLERIE and KOLESZKO

In the case of McLerie and Koleszko, the applicants sought a determination under the Building Services (Complaint Resolution and Administration) Act 2011 (WA) regarding the adequacy of building services provided by the respondent. The applicants argued that the building services in question were inadequate and that the respondent, who had engaged in the work through an agent, was not an approved owner-builder. The applicants also claimed that the work was carried out under a contract or arrangement for gain or reward, which would disqualify the respondent from being considered an approved owner-builder. Additionally, they argued that their complaint was made within the statutory time limit.

The legal issues before the court included whether the respondent carried out the building services as an approved owner-builder, whether the work was performed under a contract or arrangement for gain or reward, and whether the complaint was made within the prescribed time frame. The court had to determine whether the agent's actions bound the respondent and what remedies, if any, were available to the applicants.

The court found that the building services in question were not carried out by an approved owner-builder as the respondent had engaged in the work through an agent. However, the court held that the agent's actions did not bind the respondent, and the work was not performed under a contract or arrangement for gain or reward. The court also determined that the applicants' complaint was made out of time, as it was not filed within the statutory period. Consequently, the applicants' application was dismissed.