The Owners - Strata Plan No 83297 v Eastern Construction Group Pty Ltd

In this case, the plaintiff, a strata scheme, sought relief from the Civil Court of Western Australia against the defendant, Eastern Construction Group Pty Ltd, for defects in the construction of a residential building. The plaintiff alleged that the defendant had breached statutory warranties under the Home Building Act 1989. The defendant did not appear in court, and its solicitor withdrew from the proceedings, leaving the plaintiff unrepresented against a represented defendant. The defendant had contracted with the developer to construct the building, and the defects were a result of the builder’s work.

The court needed to determine whether the statutory warranties under the Home Building Act 1989 applied to the defendant, despite the absence of a direct contractual relationship between the plaintiff and the defendant. The court also had to decide if the defendant could be held liable for the defects caused by its work, even though the defendant was not directly contracted with the plaintiff.

The court found that the statutory warranties applied to the defendant as the builder of the residential building, regardless of the absence of a direct contractual relationship with the plaintiff. The court held that the defendant was responsible for the defects resulting from its construction work. As the defendant did not appear in court and its solicitor withdrew, the court made a judgment in favour of the plaintiff, awarding costs to the plaintiff.

The court ordered that the defendant pay the costs of the proceeding. The judgment was made in favour of the plaintiff, and the defendant was held liable for the defects in the residential building resulting from its construction work. The court emphasised the importance of statutory warranties in protecting homeowners and ensuring that builders are held accountable for their work.