Tanios v Baserite Constructions Pty Ltd

The matter before the court involved a dispute between John Tanios, the home owner, and Baserite Constructions Pty Ltd, the builder. The dispute centred on the enforceability of a building works agreement that arose from a compromise of prior proceedings, and whether an oral variation of the agreement was enforceable. Additionally, the builder sought a quantum meruit sum for some building works performed following the compromise of prior proceedings. The case was heard by the Civil and Administrative Tribunal of New South Wales.

The legal issues that the court was required to decide included whether a building works agreement arose out of a compromise of prior proceedings, whether a consent work order in the prior proceedings was beyond the Tribunal’s jurisdiction, whether the oral variation of the building works agreement was enforceable, and whether the builder was entitled to a quantum meruit sum for some building works performed following the compromise of prior proceedings. The court was also required to consider whether the provisions of the Civil and Administrative Tribunal Act 2013 NSW, s 50(2), should be applied to dispense with a hearing on the issue of costs.

The court found that a building works agreement arose out of a compromise of prior proceedings and that the consent work order in the prior proceedings was not beyond the Tribunal’s jurisdiction. The court held that the oral variation of the building works agreement was not enforceable as it did not meet the requirements of the Home Building Act 1989 (NSW). The court also found that the builder was not entitled to a quantum meruit sum for some building works performed following the compromise of prior proceedings. The court further held that the provisions of the Civil and Administrative Tribunal Act 2013 NSW, s 50(2), should be applied to dispense with a hearing on the issue of costs.

The court ordered that Baserite Constructions Pty Ltd pay John Tanios the sum of $180,144.00 within 28 days of the date of the orders. The proceeding constituted by File No HB 20/40203 was dismissed. The court also granted leave for the parties to file and serve short written submissions on the issue of costs, and to consider whether a hearing on the issue of costs should be dispensed with.