In late 2013, Mr John Beveridge (‘Beveridge’) purchased an apartment in Fitzroy North from Prudentia Avitas Pty Ltd (‘Prudentia’) who was the developer and builder of the apartment complex. Integrated Construction Management Pty Ltd (’ICM’) had been engaged as a construction manager for the construction of the apartment complex and the subsequent defects liability period. In 2016, Prudentia was deregistered. Shortly after purchasing the apartment, Beveridge sent a list of defects to ICM. ICM agreed to fix several of these defects. However, it failed to fix a persistent leak. A dispute arose between the parties as to liability for the defects and Beveridge lodged an application in VCAT claiming that ICM had breached the statutory warranties set out in section 8 Domestic Building Contracts Act 1995 (Vic) (‘DBCA’) and seeking $18,600 in damages.