Home of our nightmares
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The story seems long winded, in essence, we have won a Supreme Court case against our builder, we had to represemt ourselves because we can no longer afford our lwayer, we now need help to force his company into liquidation so we can finish our house.
We started building in December 2015, the house was due for handover in July 2016, this hasn't happened, the house is barely at lockup, the certifying company requires multiple engineering reports regarding defects in the frame. We contracted a company called Blissful Developments to build our home, things were concerning from the start, broken promises and missed deadlines, demands for early milestone payments and threats to stop work.
In March of 2017, they abandoned the work site, removing PC items that we purchased and supplied like our two 7kw split systems and all our feature lighting and feature tiles. We hired a lawyer only to discover that Blissful Developments was not a licensed or insured builder, the contract had the licence and insurance details of a company called Blissful Construction, both companies were registered at the same addresses and directed at different times by the same people.
When our lawyer wrote letters to Blissful Developments they claimed that there had been a mistake on the contract. We went to Fairtrading and then NCAT to have the builder charged, Blissful Developments told NCAT that they had been named by mistake and Blissful Constructions brought a cross claim against us claiming that we owed money to Blissful constructions.
NCAT accepted this and we had to prepare a case as if Blissful Constructions were the builder, before we got to our hearing, Blissful Developments was sent into voluntary liquidation. At our NCAT hearing, Blissful Constructions claimed that they weren't the builder, they claimed that they were named by Blissful Developments by Mistake.
NCAT dismissed our case as we were suing the wrong builder even though they had ordered us to go after Blissful Constructions. We appealed to the NCAT Appeals Panel, they agreed with us, they also awarded us costs for our appeal.
This left us owing our lawyers $78,000 with roughly $56,000 awarded for the appeal and damages for the build and fight yet to be determined.
Blissful Construction who are now known as BH Australia Constructions decided to appeal to the Supreme Court and our lawyers decided that they could no longer carry the costs, if we wanted to be represented by them we would need to pay the $70,000, they wont even chase the costs awarded unless we pay.
We were left with no option but to prepare the defense to the Supreme Court ourselves, we made written submissions and on the 9th of August we attended the hearing against the builders Barrister and solicitor, I represented us and presented our defense to the Justice of the Supreme Court.
On the 22nd of August we found out that we have won the case, BH Australia Constructions have been found responsible for our damages, now we have to go back to NCAT to determine the amount. Unfortunately, without paying our lawyers the outstanding $70,000 we can't recover anything from he builder, the lawyers own the bill and wont serve the builder unless we pay.
We are at great risk of being bankrupted by our own lawyers even though we've had success at the Supreme Court. Please, we need your help, if you can spare a dollar our two or if you can just share our story to all your friends we would appreciate it.
These builders need to be shut down, Please help us See court decisions linked below
NCAT Appeal Panel Win
NCAT Appeal Costs Win
Supreme Court Win
The story seems long winded, in essence, we have won a Supreme Court case against our builder, we had to represemt ourselves because we can no longer afford our lwayer, we now need help to force his company into liquidation so we can finish our house.
We started building in December 2015, the house was due for handover in July 2016, this hasn't happened, the house is barely at lockup, the certifying company requires multiple engineering reports regarding defects in the frame. We contracted a company called Blissful Developments to build our home, things were concerning from the start, broken promises and missed deadlines, demands for early milestone payments and threats to stop work.
In March of 2017, they abandoned the work site, removing PC items that we purchased and supplied like our two 7kw split systems and all our feature lighting and feature tiles. We hired a lawyer only to discover that Blissful Developments was not a licensed or insured builder, the contract had the licence and insurance details of a company called Blissful Construction, both companies were registered at the same addresses and directed at different times by the same people.
When our lawyer wrote letters to Blissful Developments they claimed that there had been a mistake on the contract. We went to Fairtrading and then NCAT to have the builder charged, Blissful Developments told NCAT that they had been named by mistake and Blissful Constructions brought a cross claim against us claiming that we owed money to Blissful constructions.
NCAT accepted this and we had to prepare a case as if Blissful Constructions were the builder, before we got to our hearing, Blissful Developments was sent into voluntary liquidation. At our NCAT hearing, Blissful Constructions claimed that they weren't the builder, they claimed that they were named by Blissful Developments by Mistake.
NCAT dismissed our case as we were suing the wrong builder even though they had ordered us to go after Blissful Constructions. We appealed to the NCAT Appeals Panel, they agreed with us, they also awarded us costs for our appeal.
This left us owing our lawyers $78,000 with roughly $56,000 awarded for the appeal and damages for the build and fight yet to be determined.
Blissful Construction who are now known as BH Australia Constructions decided to appeal to the Supreme Court and our lawyers decided that they could no longer carry the costs, if we wanted to be represented by them we would need to pay the $70,000, they wont even chase the costs awarded unless we pay.
We were left with no option but to prepare the defense to the Supreme Court ourselves, we made written submissions and on the 9th of August we attended the hearing against the builders Barrister and solicitor, I represented us and presented our defense to the Justice of the Supreme Court.
On the 22nd of August we found out that we have won the case, BH Australia Constructions have been found responsible for our damages, now we have to go back to NCAT to determine the amount. Unfortunately, without paying our lawyers the outstanding $70,000 we can't recover anything from he builder, the lawyers own the bill and wont serve the builder unless we pay.
We are at great risk of being bankrupted by our own lawyers even though we've had success at the Supreme Court. Please, we need your help, if you can spare a dollar our two or if you can just share our story to all your friends we would appreciate it.
These builders need to be shut down, Please help us See court decisions linked below
NCAT Appeal Panel Win
NCAT Appeal Costs Win
Supreme Court Win
Organizer
Phillip Kapeller
Organizer
Heddon Greta NSW
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