The Court dismissed an application to extend a caveat lodged by a builder claiming an equitable charge under a standard-form home building contract (cl 33), holding that the builder failed to establish a serious question to be tried that money remained due and payable. The plaintiff's evidence was found to be vague and unsupported by contemporaneous accounting records, and was contradicted by his own spreadsheet suggesting the contract price had been overpaid. The balance of convenience also favoured removal, given the caveat was impeding the proprietor's sale of the property.
The full text is available to signed-in members.