Vasan v Georges Construction & Building Services Pty Ltd

In the Federal Circuit Court of Australia, Anoch Vasan brought a claim against Georges Construction & Building Services Pty Ltd, a company that undertook residential building work without the requisite license. The dispute arose from an incomplete construction project which also breached the warranties under the Home Building Act. The primary concern was the unlicensed status of the builder, which rendered the contract void under the Act. The court was tasked with determining whether the builder was liable to compensate the homeowner for the work carried out and to establish the appropriate amount of damages.

The court had to consider whether the builder was indeed unlicensed at the time the contract was executed and if the incomplete and substandard work warranted a refund of the entire payment made by the homeowner. Another key issue was the assessment of the amount owed to the homeowner as compensation for the defective work. The court also had to decide if the homeowner's failure to raise objections earlier could affect the builder's liability.

The court found that the builder was unlicensed and thus, the contract was void under the Home Building Act. Given the incomplete and substandard work, the court held the builder liable for a refund of the entire amount paid by the homeowner. The court determined the amount owed by considering the cost of completing the work to the required standard and other relevant factors. The court ruled that the homeowner's delay in raising objections did not absolve the builder from liability, as the builder's unlicensed status and the breaches of warranty were fundamental issues. Consequently, the court ordered the builder to pay the homeowner the sum of $66,171.95 immediately.