Terera and Bohlar v Clifford

Terera and Bohlar v Clifford involved a dispute between the plaintiffs, who were builders, and the defendant, a homeowner, over the quality of construction work. The case was heard in the NSW Supreme Court on appeal from a decision made by a Member of the Building and Construction Commission (BCC). The plaintiffs sought to appeal the Member’s decision, which found against them in a dispute over construction works and dismissed their application for leave to adduce further evidence. The primary legal issues before the court were whether the plaintiffs were denied procedural fairness by the enlargement of issues without prior notice, and whether costs follow the event in building disputes. The court held that the Member did not deny the plaintiffs procedural fairness by enlarging the issues without prior notice. The court also held that the question of whether costs follow the event in building disputes was not determined by the Member and ought to be considered. The court found that the Member’s decision was correct in dismissing the plaintiffs' application for leave to adduce further evidence. However, the court granted leave to appeal the costs order below, set aside the order that the application be enlarged to include the dispute in relation to the leak in the studio shower, and returned the matter to the Tribunal for reconsideration according to law on the question of costs. The court also ordered that each party file and serve, within 14 days of the date of these orders, submissions in relation to the costs of the Application for leave to appeal and appeal.