Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where an owner
claims that a builder has committed a breach of section 15, the owner may
apply to the Disputes Tribunal for relief under this section.
(2) An application
under subsection (1) in respect of a contract must be made within
3 years from the time when the contract was entered into or the breach
first occurred, whichever is the later.
(3) The Disputes
Tribunal may, in granting relief under this section —
(a)
declare the contract or any provision of the contract against which relief is
sought to be void from the beginning;
(b)
modify the provisions of the contract in such manner as it considers just;
(c)
order the repayment to the owner of any amount paid by the owner under a
contract or a provision that has been declared void or modified under this
section,
and for the purposes
of carrying out this section may make such orders and give such
directions as the Disputes Tribunal considers necessary or expedient.
(4) Where it appears
to the Disputes Tribunal in any proceedings, that any person is an associate
of a party to the proceedings and has or may have —
(a)
shared in the profits of; or
(b) a
beneficial interest in,
the transaction in
question, the person may be joined as a party to the proceedings and the
Disputes Tribunal may make such orders against, or in respect of, that person
as it considers just.
(5) For the purposes
of subsection (4), a person is an associate of another person
if —
(a) the
person is a partner of the latter person; or
(b)
where the latter person is a company, the person is a shareholder or officer
of the company.
(6) In
subsection (5) officer has the same meaning as in the Corporations
Act 2001 of the Commonwealth but does not include an employee of the
company unless he or she was concerned in the management of the company.
[Section 21 amended by No. 76 of 2000
s. 57; No. 10 of 2001 s. 220.]