Section 92(2) of the Home Building Act 1989 (NSW), which prohibits receiving payment for uninsured residential building work, does not confer a statutory right of action on the payer to recover monies paid in contravention of that prohibition. The express criminal sanction and the statutory scheme in s 94 for consequences of non-compliance indicate a legislative intention that the specifically provided remedies are the only remedies. A payer seeking recovery must establish an entitlement under restitutionary principles (such as payment under mistake of fact or law) rather than relying on the statutory prohibition itself.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
2 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.