Domestic Building – costs plus contract – no reasonable estimate by the builder of the total amount of money the builder is likely to receive under the contract given – consequences – s.13(2) Domestic Building Contracts Act 1995 – application – whether reasonable to allow cost of work plus reasonable profit – relevant matters 

Freedom of information – Appeal from orders of Victorian Civil and Administrative Tribunal setting aside the appellant’s refusal to process the defendant’s FOI request – whether request ‘would substantially and unreasonably divert the resources of the agency from its other operations’ – whether ‘other operations’ excludes the operations of a dedicated FOI unit in processing other requests – remittal to Tribunal – Freedom of Information Act 1982 (Vic) s 25A(1)(a).

 This is an appeal from a decision of the Magistrates’ Court at Melbourne on 8 May 2009 dismissing a claim by the appellant (‘Structured’) for damages under s 159 of the Fair Trading Act 1985 (‘the FTA’) and s 82 of the Trade Practices Act 1974 (Cth) (‘the TPA’) against the first respondent (‘Ms Bennett’). Structured sought damages from Ms Bennett for her alleged misleading or deceptive conduct in breach of s 9 of the FTA and s 52 of the TPA, respectively.