Practitioners advising on agreements involving licensed builders and property interests should note that surrounding circumstances, including pre-contractual representations about a party's capacity as a builder, will be highly relevant to construing whether an agreement requires personal performance of building work, with consequences under the Home Building Act 1989 (NSW).
The full text is available to signed-in members, including the 41 later cases that cite this judgment.
2 of the 41 citing cases carry a classified treatment. How each court treated it is available to signed-in members.