Victorian Civil and Administrative Tribunal|2026-02-12

For the reasons outlined above, I find that the Owners have proven their allegations that the Builder performed defective building work, in breach of warranties applicable under section 8 of the Domestic Building Contracts Act 1995 (Vic), causing the Owners to suffer loss and damage which is to be measured by the cost of rectification of the defects, in the sum of $469,613.34.
I accept the Owners' analysis, as set out in the table showing how their damages were calculated. That is, as the Owners elected not to rely on the evidence of Mr Mark Newell thus abandoning a claim for $100,938.75, it was appropriate that the sum of $21,750.00 that they had received from the roof plumber's insurer not be taken into account when calculating their damages.
I award the sum of $469,613.34 and reserve costs.

[1] Compulsory conferences are held under sections 83 to of the (Vic) The latter provides that, with some exceptions, evidence of anything said or done in the course of a compulsory conference is not admissible in a hearing.

[2] This was the most up to date report. Mr Osborne had previously prepared other reports which had become obsolete.

[6] For example, Shininggarden Pty Ltd v Omega Building Group Pty Ltd [2024] VSC 583

[7] Tomasevic v Travaglini [2007] VSC 337

[8] [2015] VSCA 298, at paragraphs [37] and [39]

[9] Nostra Homes and Developments Pty Ltd v Komuves (Building and Property) [2022] VCAT 1086.

Building Contracts Act 1995

Civil and Administrative Tribunal Act 1998

Civil and Administrative Tribunal Rules 2018

Hadjigeorgiou v Batrad Constructions Pty Ltd (Building and Property) [2026] VCAT 101 (12 February 2026)

Domestic building work - claim by owners against the builder for damages based on allegations of defective work performed in breach of the warranties in section 8 of the Domestic Building Contracts Act 1995 (Vic) - amongst other defences, assertion by the builder that the amounts claimed by the owners for rectification were excessive - burden of proof - Nostra Homes and Developments Pty Ltd v Komuves (Building and Property) [2022] VCAT 1086.

Decision of the builder to confine the basis on which it conducted the hearing - sections 98(1)(b) - (d) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) - Trkulja v Markovic [2015] VSCA 298 - Tomasevic v Travaglini [2007] VSC 337.

Hadjigeorgiou v Batrad Constructions Pty Ltd

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Hadjigeorgiou v Batrad Constructions Pty Ltd (Building and Property) [2026] VCAT 101 (12 February 2026)