Building Services (Complaint Resolution and Administration) Act 2011 (WA) – Claim for damages for delay in completion of dwelling while contract on foot – Application for leave to review decision of original Tribunal – Criteria for the grant of leave to review – Whether original Tribunal breached the rules of natural justice – Whether original Tribunal made an error in the exercise of its discretion to decline to make a HBWC remedy order – Principles in relation to an appeal against exercise of discretion – Proper construction of discretion to make a HBWC remedy order – Considerations concerning whether a HBWC remedy order is justified – Whether the applicants would suffer a substantial injustice if leave to review not granted
DESHMUKH and DISTINCTIVE BUILDING SERVICES PTY LTD [2024] WASAT 15 (06 March 2024)