Stephens v Cameron
Court of Appeal
Kyrou, McLeish and Niall JJA
30/07/2021
[2021] VSCA 208
Building contracts — Major domestic building contracts — Contract for management of construction of two townhouses — Owners contracted with registered builder, who as agent engaged trade contractors for the owners — Whether contract a ‘domestic building contract’ for purposes of Domestic Building Contracts Act 1995 — Whether implied criterion of ‘responsibility’ limiting application of Domestic Building Contracts Act to contracts with persons legally responsible for works — Interaction of Domestic Building Contracts Act 1995 and Building Act 1993 — Domestic Building Contracts Act 1995 (Vic), ss 1, 3–5, 8, 29, 31, 132–3 — Building Act 1993 (Vic), ss24A, 25E, 135–6, 137B
Statutory interpretation — Whether s 40(2) of Domestic Building Contracts Act created statutory entitlement to repayment of amounts retained by builder in excess of prescribed progress payment limits — Whether contravention of s 40(2) founds unjust enrichment claim and forecloses defences — Domestic Building Contracts Act 1995 (Vic), ss 3, 13, 40, 132–3
Practice and procedure — Interest — Statutory interest — Whether ‘free-standing’ right to interest in action for moneys had and received — Whether statute a ‘written instrument’ by virtue of which amount liable to be paid — Supreme Court Act 1986 (Vic), ss 58, 60
Words and phrases — ‘contract price’ — ‘domestic building works’ — ‘domestic building contract’ — ‘major domestic building contract’ — ‘builder’ — ‘owner-builder’ — ‘written instrument’
Read the judgment here.