The Owners Of Strata Plan 57895 and Pyramid Constructions (WA) Pty Ltd

The Owners of Strata Plan 57895 and Pyramid Constructions (WA) Pty Ltd appeared before the Building Services Tribunal of Western Australia. The complaint was filed by the Owners regarding alleged faulty and unsatisfactory regulated building services in their strata scheme, while the strata company also filed a separate complaint concerning the same issues. The dispute centered on the validity of the complaints, the reliance on an expert report in the absence of the expert's participation in an expert conferral and their testimony, and whether the regulated building services were carried out in a proper and proficient manner. Additionally, the case explored whether performing a variation in accordance with the contract but not the building licence constituted unsatisfactory work or a failure to perform the work in a proper and proficient manner. The tribunal also considered whether the justice of the case required a costs award and the effect of section 83 of the State Administrative Tribunal Act 2004 (WA).

The primary legal issues addressed by the tribunal included the eligibility of the applicants to lodge complaints, the admissibility of an expert report without the expert's participation or testimony, and the interpretation of unsatisfactory work under the Building Services (Complaint Resolution and Administration) Act 2011 (WA). The tribunal needed to determine whether the complaints were valid, whether the expert report could be relied upon, and whether the services in question met the required standards. Furthermore, the tribunal examined whether the variations performed under the contract but not in compliance with the building licence constituted unsatisfactory work or a failure to perform the work properly and proficiently. The tribunal also deliberated on whether the justice of the case warranted an award of costs and the implications of section 83 of the State Administrative Tribunal Act 2004 (WA).

The tribunal concluded that the complaint from the Owners was upheld in part and dismissed in part. The tribunal found that the Owners were the appropriate complainants and that the expert report could be relied upon despite the expert's absence. It was determined that the regulated building services were not carried out in a proper and proficient manner, leading to a partial upholding of the complaint. The tribunal found that performing variations in compliance with the contract but not the building licence did not necessarily constitute unsatisfactory work or a failure to perform the work properly and proficiently. The tribunal held that the justice of the case did not require a costs award, and it considered the effect of section 83 of the State Administrative Tribunal Act 2004 (WA) in its final determination.

The tribunal ordered that the complaint be upheld in part and dismissed in part, reflecting its findings on the eligibility of the applicants, the reliance on the expert report, and the nature of the unsatisfactory work. The tribunal's decision provided clarity on the complaints process, the use of expert reports, and the standards for regulated building services in strata schemes. The orders reflected the tribunal's balanced consideration of the evidence and legal principles, ensuring a fair resolution to the dispute between the Owners and Pyramid Constructions (WA) Pty Ltd.