In the recent case of Carr v Miller [2018] NSWSC 1424 the court found a property developer liable for deliberate deceit regarding a residential development around Middle Harbour. In this case, the developer was not a licensed builder, but nevertheless oversaw the work of various tradespeople in the construction process who produced mostly defective work. Concerned about the quality of the house, Mrs Carr inserted a condition into the contract of sale that required Home Warranty Insurance certificates to be provided in respects of any works completed in the six years before the sale. The developer was only able to get these certificates by entering into back-dated fake contracts with a licensed builder who falsely claimed that the building works were completed by him.

Ultimately the three defendants (the developer, a trades person and the licensed builder) were each liable for various claims including a breach of statutory warranty and deceit.  Mrs Carr was owed both the difference between the price paid for the property and its true value, as well as further damages for the deceit.

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