NT Senator Sam McMahon sues builder over ‘defective’ townhouse purchase

Senator Sam McMahon and her husband, Wayne Nayda, have taken a builder, building certifier and property developer to court over claimed ‘defects’ in a townhouse they purchased in 2015.

TERRITORY Senator Sam McMahon and her husband, Wayne Nayda, have taken a builder, building certifier and property developer to court over claimed “defects” in a townhouse they purchased in 2015.

A writ filed in the Supreme Court shows the couple bought the unit in Alice Springs from Australian Property Projects Pty Ltd (APP) for $359,950 in May 2015.

The document says building company, J Anderson Constructions, built the townhouse prior to Ms McMahon and Mr Nayda’s purchase and the couple say the firm owed them a duty of care in doing so.

“The plaintiffs say, further, that the first defendant subsequently breached its said duty of care by carrying out the development works in such manner that resulted in defective building work arising within the development and the development works,” it reads.

The couple also claim, certifier, Tecon Australia Pty Ltd, “negligently breached (its) duty of care in failing to perform the certifier’s duties”.

The document also complains that Tecon failed to ensure the building work would comply with the Building Act, as well as other statutory and regulatory requirements.

“In issuing the occupancy permit (Tecon) made representations in trade or commerce within the meaning of the Australian Consumer Law (as given effect by the Competition and Consumer Act 2010 (Cth) (‘ACL’) that were, in all the circumstances, misleading or deceptive,” it reads.

“As a result the plaintiffs suffered loss and damage.”

The couple say APP also breached the consumer law and a contractual warranty.

“(APP) made false representations to the plaintiffs including in a sales brochure and other representations with regard to the development, developer and works which were relied on by the plaintiffs in entering into the contract of sale,” the document reads.

Ms McMahon publicly announced her separation from Mr Nayda in 2019 to dispel “speculation in my personal life”.

“I am going through a marriage separation at the moment,” she said at the time.

“It is a very difficult and stressful time for myself and my husband and I would just ask everyone to respect our privacy (as we) work through these difficult matters.”

All three companies are yet to file a defence with the court.

Originally published as NT Senator Sam McMahon sues builder over ‘defective’ townhouse purchase