Jolin Nominees v Daniel Investments (Aust) Pty Ltd
Court of Appeal
Niall, Sifris and Walker JJA
30/09/2022
[2022] VSCA 209
Building contracts — Domestic building contract — Variation to contract — Extension of time for completion — Statutory notice provisions for variation not complied with — Whether cost of variation recoverable — Satisfaction of Victorian Civil and Administrative Tribunal — Whether ‘significant or exceptional hardship’ included consequences of builder’s inability to recover money — Whether contract ‘varied in accordance with’ section — Adjustment of completion date — Failure to satisfy contractual extension provisions — Whether contractual notice a prerequisite for Tribunal’s power to extend contract — Domestic Building Contracts Act 1995 (Vic), ss 37, 38(6)(b), 39(c)
Word and phrases — ‘significant or exceptional hardship’ — ‘in accordance with’
Read the judgment here.