RAE and PRIMA HOMES NOMINEES PTY LTD

In the matter of RAE and PRIMA HOMES NOMINEES PTY LTD, the parties involved were the applicant, RAE, and the respondent, PRIMA HOMES NOMINEES PTY LTD. The dispute centred on the alleged defectiveness of building services provided by the respondent, specifically the excavation, removal of trees, and stump grinding conducted for the installation of sewer and stormwater drainage. The dispute was brought before the Building Services Tribunal in Western Australia. The applicant alleged that these services caused damage to their property, specifically the leaning of a wall, and sought orders under the Building Services (Complaint Resolution and Administration) Act 2011 (WA) for the respondent to rectify the issue and compensate for the damage.

The legal issues that the tribunal had to determine included whether the respondent was a registered building service provider under the Building Services (Registration) Act 2011 (WA), whether the works carried out constituted a regulated building service, and whether the applicant had been adversely affected by the respondent's actions. The tribunal also had to consider whether it had the jurisdiction to make orders under section 38 of the Building Services (Complaint Resolution and Administration) Act 2011 (WA) and whether costs should be awarded to either party.

The tribunal found that the respondent was indeed a registered building service provider, and the works in question did constitute a regulated building service. However, it was determined that the applicant's interests had not been adversely affected by the respondent's actions. The tribunal was satisfied that the wall's lean was due to natural causes, such as the age of the wall and its construction, and not the result of the respondent's work. Consequently, the tribunal dismissed the application and ordered that the applicant pay the respondent's costs in the proceedings.