In 2007, Mrs Maria Nel engaged Dwyer Corporation Pty Ltd trading as Dwyer Quality Homes, to build her brand new home at Doonan. In 2016 after a severe rain event, a significant amount of water entered the home through the roof. When Dwyer Quality Homes refused to replace the roof, Mrs Nel commenced legal proceedings.
After Mrs Nel commenced legal proceedings to seek compensation for defective construction, the director of Dwyer Corporation Pty Ltd, Mr Wayne Dwyer, informed Mrs Nel, via her lawyers, that the company had no money, was in debt, had liabilities that exceeded its assets, and that it had sold its business name ‘Dwyer Quality Homes’ to a new company for $1. Despite this news, Mrs Nel pushed on with her claim.
In 2018, Mr Dwyer incorporated a new company, Dwyer Homes Pty Ltd, which now trades as ‘Dwyer Quality Homes’ on the Sunshine Coast.
On 21 August 2020, the District Court of Queensland found that Dwyer Corporation Pty Ltd (which has since been re-named ‘Octoclay Pty Ltd’) was responsible for the defective design and construction of the roof. At the trial, Mr Dwyer represented Dwyer Corporation Pty Ltd and maintained that Mrs Nel had caused or at least contributed to the defects by agreeing to change the roof tiles and the roof pitch. The judge rejected that position and found that the reduction in pitch had been proposed by the builder and accordingly, it was responsible for the damage.
During the trial, Mr Dwyer acknowledged that the building company had ‘got it wrong’ and that it had failed to properly review the literature from the manufacturer regarding the installation of the tiles prior to installation. He said:
‘Well, your Honour, everybody makes mistakes and this one got through… Now, it’s not the first mistake the company’s ever made and it won’t be the last one the company’s ever made’.
The court ordered Dwyer Corporation Pty Ltd (now Octoclay Pty Ltd) to pay Mrs Nel damages in the amount of $500,246.98 as a result of the company’s negligent design and construction of Mrs Nel’s roof. The question that remains is whether the company will now pay the judgment sum, or whether it will fall into liquidation.
Mr Wayne Dwyer, the man behind Dwyer Quality Homes, has been involved in other legal proceedings with the Sunshine Coast Council over the construction of his roof-top tennis court built on his multi-million dollar mansion in Minyama. It appears that those legal proceedings remain on foot.
To read the full District Court Decision, click on the link below:
For more information about how you can seek compensation for defective works, contact the expert team at Axia Litigation Lawyers today, because – Every Move Matters!