McNab and Pyramid Constructions (WA) Pty Ltd

The case involved McNab, an individual lot owner, and Pyramid Constructions (WA) Pty Ltd, a building contractor, in dispute over allegedly faulty and unsatisfactory building services. The issue was whether McNab or the strata company should be the appropriate complainant and whether the appropriate remedy should be a remedial work order or an order for payment of the costs of remedial work. The case was heard in the Western Australian Civil and Administrative Tribunal (WCAT).

The legal issues before the tribunal included whether carrying out a variation in compliance with the contract but not in compliance with the building licence constituted unsatisfactory work or work not carried out in a proper and proficient manner. The tribunal also had to consider whether the justice of the case required an award of costs.

The tribunal held that the appropriate complainant in this case was the strata company, not McNab, as the strata company had the authority to bring proceedings on behalf of the lot owners. The tribunal found that the building services provided by Pyramid Constructions did not constitute unsatisfactory work or work not carried out in a proper and proficient manner. The tribunal concluded that the variation carried out by Pyramid Constructions was in compliance with the contract, even though it was not in compliance with the building licence. Finally, the tribunal found that the justice of the case did not require an award of costs to either party.

In light of the above, the tribunal dismissed the application and ordered that no further action be taken by the parties. The tribunal also ordered that each party bear their own costs of the proceedings.