OWNERS OF STRATA PLAN NO 47111 and PYRAMID CONSTRUCTIONS PTY LTD

The appeal, heard by the Supreme Court of Western Australia, involved Owners of Strata Plan No 47111 and Pyramid Constructions Pty Ltd. The Owners lodged a complaint under section 5 of the Building Services (Complaint Resolution and Administration) Act 2011 (WA) regarding a water pump set installed under a building contract. The primary dispute centred on whether the builder was responsible for the design of the pump set and whether the builder had an obligation to notify the Owners of any design defects. Additionally, the matter involved questions about the causation of problems related to the pump set, specifically whether these issues were due to a failure to provide a weather shelter for the pump set, which in turn was attributed to the Owners' failure to provide timely instructions for the shelter.

The court needed to determine the builder's liability for the pump set's design and whether this design was defective. Furthermore, it had to establish if the builder was obligated to notify the Owners of any design defects. The court also had to assess the causation of the problems, determining whether these were due to the lack of a weather shelter for the pump set. A significant aspect of the case was whether the failure to provide the shelter was due to the Owners' failure to give instructions, and if this constituted a breach of the building contract.

The Supreme Court held that the builder was responsible for the design of the pump set and had an obligation to notify the Owners of any design defects. The court found that the builder was not liable for the problems caused by the pump set's design. Regarding the causation of the problems, the court concluded that the failure to provide a weather shelter for the pump set was due to the Owners' failure to provide timely instructions. Therefore, the Owners were held responsible for the lack of the shelter, and this failure was a contributing factor to the pump set's issues. The court dismissed the Owners' complaint.

The court's final order was that the complaint lodged by the Owners of Strata Plan No 47111 against Pyramid Constructions Pty Ltd was dismissed. The court found no liability on the part of the builder regarding the pump set's design and problems, and held the Owners responsible for the failure to provide instructions for the weather shelter, which contributed to the issues with the pump set.