The Craftsmen Restoration and Renovations v Thomas Boland, Thomas Boland v The Craftsmen Restoration and Renovations

In this matter, The Craftsmen Restoration and Renovations (the builder) filed an appeal against the decision of the Consumer, Trader and Tenancy Tribunal (the Tribunal) that found against the builder in proceedings brought by Thomas Boland (the homeowner). The dispute revolves around a residential building contract, with the homeowner alleging that the builder failed to meet the contractual standards for workmanship. The builder, on the other hand, claims that the homeowner wrongfully terminated the contract and is liable for additional costs.

The primary legal issues before the court were whether the Tribunal's findings against the builder breached the rules of natural justice and whether the Tribunal made any errors of law. Additionally, the court examined whether the builder had waived its rights under the contract and if the homeowner was justified in terminating the contract due to poor workmanship. Another matter considered was the entitlement to interest on the monies expended for rectification of works under the common law.

The court found that the Tribunal's decision did not breach the rules of natural justice as the builder had adequate opportunity to present its case. However, the court did find errors of law in the Tribunal's interpretation of the building contract. The court held that the builder had not waived its rights under the contract, and the homeowner was not justified in terminating the contract due to the builder's poor workmanship. Regarding the interest on the rectification costs, the court held that the homeowner was liable to pay interest on the monies expended by the builder for rectifying the works.

The court allowed the builder's appeal in part, setting aside the Tribunal's decision and substituting its own orders. The court ordered the homeowner to pay the builder the sum of $20,000, plus interest at the rate of 5% per annum from the date of the Tribunal's decision until the date of satisfaction of the judgment, along with the builder's costs of the appeal.