Psaros Builders Pty Ltd v Owners of Strata Plan 52843

The dispute in this matter was between Psaros Builders Pty Ltd and the Owners of Strata Plan 52843. Psaros Builders sought to appeal a decision of the State Administrative Tribunal, which had found against them on the basis that they had breached statutory obligations in relation to the construction of a building. The Owners sought to enforce a remedy order under section 36 of the Building Services (Complaint Resolution and Administration) Act 2011 (WA). The appeal was brought to the Supreme Court of Western Australia.

The central legal issue before the Court was whether the Tribunal had the power to make more than one building remedy order under section 36 of the Act. Psaros Builders argued that the words 'one of the following' in section 36 indicated that the Tribunal could only make a single remedy order. The Owners, on the other hand, submitted that the words 'one or more of' in section 41 of the Act meant that the Tribunal could make multiple orders. The Court had to determine which interpretation of the statutory language was correct.

In its reasoning, the Court found that the language of section 36 was clear and unambiguous. The Court noted that the words 'one of the following' indicated that only a single remedy order could be made. The Court also found that the distinction between sections 36 and 41 of the Act was not sufficient to show an intent to displace the general rule. The Court held that the Tribunal did not have the power to make more than one building remedy order under section 36 of the Act. As a result, the Court allowed the appeal and set aside the remedy order made by the Tribunal.

The Court's final orders were that the appeal be allowed, the remedy order made by the Tribunal be set aside, and each party bear their own costs of the appeal. The Court also made a declaration that the Tribunal did not have the power to make more than one building remedy order under section 36 of the Act.