Homeowners Gurvinderpal Singh and Rosewinder Kaur Continue Battle Against Singh Homes Pty Ltd

Dispute Over Contract Termination in Truganina Build

Homeowners Gurvinderpal Singh and Rosewinder Kaur are pursuing a building dispute at VCAT against Singh Homes Pty Ltd, following the termination of their building contract for a single-storey home in Truganina. The total contract price was $459,513.88, of which the couple had already paid over $413,000 when the builder terminated the agreement. The applicants allege incomplete and defective work and are seeking compensation for the cost of rectification and completion.

Respondent’s Interlocutory Application Dismissed

Singh Homes Pty Ltd lodged an interlocutory application under section 75 of the VCAT Act, aiming to strike out the applicants’ amended and further amended points of claim, as well as the expert report prepared by the inspector. The builder alleged the pleadings were unclear and that the expert report lacked sufficient detail and credibility. The Tribunal dismissed the strike-out application, allowing the homeowners’ claims and evidence to remain.

Defects and Cost Claims Detailed

The homeowners’ claims were supported by a VCAT-compliant expert report prepared by the inspector, listing various defects and incomplete works. Among the identified issues were unpainted timber cladding, incomplete heating and cooling fit-offs, missing appliances, and plumbing fixtures. The homeowners claimed $36,162.00 for rectification and an estimated $186,608.00 for completing unfinished works. Due to rising costs, they indicated they would rely on the higher estimates provided.

Tribunal Permits Pleading and Report to Stand

The Tribunal found no significant fault with the homeowners’ further amended claim or the inclusion of expert reports as exhibits. It accepted the homeowners’ approach, noting that while attaching documents like building contracts or reports directly to pleadings is uncommon, it is not prohibited. The report may still be challenged in the hearing but will remain part of the evidence at this stage.

VCAT Warns Against Tactical Legal Moves

VCAT also reminded the builder that such “tactical” legal moves waste time and money and are not encouraged. The Tribunal discouraged unnecessary interlocutory applications, particularly where they appear to delay progress or increase legal costs.

Next Steps Ordered by Tribunal

VCAT confirmed the schedule moving forward. Singh Homes may request more information from the homeowners by 31 March 2025, with the applicants required to respond by 11 April 2025. Defence, counterclaims, and expert reports must be submitted by 23 May 2025, and a mediation has been set for 18 June 2025. Document discovery will also proceed, with both sides required to share relevant material in advance of the mediation.