Lilley v Lindsay-Smith

[2001] WASCA 168

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Building and Construction Law
2. › Home building contracts
3. › Meaning of 'home building work'
4. › Installation of timber floor covering
5. › Whether floor installation constitutes constructing a dwelling
6. › Whether floor installation constitutes improving a dwelling
7. › Home Building Contracts Act 1991 (WA), s 3(1)
1. Building and Construction Law
2. › Home building contracts
3. › Meaning of 'associated work'
4. › Whether statutory list of examples is exhaustive
5. › Effect of word 'includes' in statutory definition
6. › Home Building Contracts Act 1991 (WA), s 3(1)
1. Statutory Interpretation
2. › Definitions
3. › Use of 'includes' in statutory definitions
4. › Whether inclusive definition is exhaustive or enlarging
5. › Interpretation Act 1984 (WA), s 18
1. Statutory Interpretation
2. › Remedial legislation
3. › Liberal construction of beneficial and remedial statutes
4. › Interaction with penal provisions
5. › Interpretation Act 1984 (WA), s 18

Quick Take

The installation of permanent timber floor covering (measured to fit, glued and nailed) constitutes 'home building work' under the Home Building Contracts Act 1991 (WA) on three alternative bases: as part of 'constructing' a dwelling, as 'improving' a dwelling, and as 'associated work'. Builders undertaking such work must comply with the Act's requirements for written contracts, prescribed notices, and deposit limits. The statutory list of examples of 'associated work' is not exhaustive.