BURBANK AUSTRALIA PTY LTD V LUZINAT & ORS  VSC 128
Supreme Court of VIC – 30 March 2000
Saris engaged Burbank to build a domestic dwelling. Burbank completed work on the house to the fixing stage and then served a notice of termination on Saric after he refused to pay for the progress claims submitted by Burbank. Burbank then issued proceedings to recover the outstanding debt in the Domestic Building List of the Victorian Civil & Administrative Tribunal (“VCAT”). Saris defended the claim and served a counterclaim on Burbank.
After some adjournments the dispute was mediated. The mediation was unsuccessful and VCAT listed the claim for a 13 day hearing. Saric then made an application to the Building Appeals Board (“the Board”) to determine whether the building works complied with the building regulations. Burbank objected to the Board hearing the dispute on the grounds that the dispute was already before VCAT. The Board refused to stay its hearing so Burbank applied to the Court.
Should the Court stay the hearing and determination of Saric’s application to the Board until the VCAT proceeding had been heard and determined?