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Posted: 2024-10-12 20:40:03

The dream home that Simon had built for his family sits unoccupied and untouched, like a time capsule.

The family of four's clothes are still in their wardrobes, handled only by years of dust.

Spoiled food fills the pantry. Books and empty water glasses sit where they were left on bedside tables near half-emptied school bags.

The family abandoned their home in May 2022 after Simon was told the residence was allegedly filled with dangerously high levels of mould.

A blurry photo of Simon outside his home

Simon is locked in a bitter battle with the builder of his new home. (ABC News: Peter Drought)

They left immediately, taking just the clothes on their back and whatever they could carry and decontaminate. 

"At this point I was just looking around thinking, 'Is anything ever going to go right?'" Simon said. 

Simon does not want his surname used as he is locked in a lengthy legal dispute in the Victorian Civil and Administrative Tribunal (VCAT) with the home's builder over allegations of unsafe site practices, a cut sewage stack and spare bricks that were allegedly on-sold on eBay.

The ABC has chosen not to name the builder for legal reasons.

The signs

Simon signed a nine-month contract for the construction of a house in the outer Melbourne suburb of Parkdale in February 2017, with construction commencing in May the following year. 

More than two-and-a-half years after the start of the build, in September 2019, the family moved in.

After numerous delays, disagreements and defects, Simon was ready to put a frustrating build behind him.

A photo of the exterior of Simon's home in Parkdale

Simon has installed security cameras at his unoccupied home in Parkdale, Victoria. (ABC News: Peter Drought)

But around a year later and right in the middle of a global pandemic, things took another turn.

"I would describe it as the ultimate nightmare," Simon said. 

Simon said his wife started waking up covered in spots, while he struggled to sleep due to blocked sinuses. 

Then he said one of his teenage daughters was rushed to hospital by ambulance one night while convulsing.  

"I honestly thought she was going to die," he said. 

A blurry photo of Simon outside his home

Simon and his family have left possessions inside their home. (ABC News: Peter Drought)

Simon said doctors ran a gamut of tests but could not find anything wrong. 

He said his daughter subsequently spent two months in hospital, including a stint in intensive care.

It was only after they had a toxicologist check the house for mould that they discovered what they alleged to be the cause of their illnesses.

A composite image of a man wearing protective equipment holding a petrie dish and the internal matter of the house.

Simon employed a mould expert, Dr Cameron Jones, to check all the rooms in his home for spores. (Supplied)

Dirty fights

A subsequent plumber's investigation report showed a full-depth cut to a sewer stack between the walls near Simon's daughter's bedroom had caused a slow leak in sewage for an unknown period of time, thought to be at least 12 months. 

A sewer stack is PVC pipe that allows sewage and grey water to run from the home to a sewer line or septic tank. 

It is the cut to that leaking pipe that Simon alleges caused the mould. 

A composite image that shows a cut pipe with leaking dried material around it.

Images supplied to VCAT from plumbing reports show a cut to a sewage pipe within the walls of Simon's home. (Supplied)

Simon is suing his builder for more than $800,000 in costs and damages over the home-build saga, while the builder is suing Simon for unpaid bills. 

Their ongoing court dispute has lasted more than four years, with the latest chapter involving an attempt by Simon to have the builder's case dismissed and the matter finalised in his favour.

At the same time, Simon is also battling with his insurer, Youi, which rejected his claim for water damage to the home, a decision he unsuccessfully took to the claim to the Australian Financial Complaints Authority (AFCA).

An extract from a report from a mould specialist showing water damage to a home.

The mould expert Simon employed provided a report showing areas of mould and water damage, including under the carpet. (Supplied)

In a statement, Youi said it sympathised with Simon and had provided him documentation to help his VCAT case. 

"The damage to Simon's home was determined to be a direct result of faulty workmanship during construction of the home, which is covered by the builder's home warranty insurance and therefore not covered under the general insurance policy," the spokesperson said.

"This decision has been reviewed extensively internally and also externally by the Australian Financial Complaints Authority (AFCA), which upheld Youi's decision in January 2023."

In AFCA’s review, Youi alleged the damage was due to poor workmanship of the sewer pipe, that the mould occurred over time, and that the damage was due to "gradual deterioration". 

VCAT has not made a determination about who is responsible for the cut pipe or the subsequent damage. 

Simon said he was in disbelief that leaking pipes within his walls were not considered water damage. 

"We've got a house that's a time capsule, sitting there with our belongings as it was years ago," he said. 

An exterior picture of a modern house out of focus

Simon had thought this would be his dream home. (ABC News: Peter Drought)

"It's hard to tell [my daughters], 'You can't go back in the house because we've got multiple experts who say your home is contaminated'.

 "You just shake your head and think, 'What am I going to do with this? Where's this going to end up?'." 

Who do you turn to?

Simon said he had all but given up finding a resolution through VCAT. 

He said he also tried engaging with the Victorian Building Authority (VBA).

A blue and white sign is attached to a concrete pillar with a streetscape in the background.

VCAT is the jurisdiction for small claims, tenancy disputes and planning matters in Victoria. (Supplied)

He has borrowed a significant amount of money from family to stay afloat and has racked-up a legal bill that has reached six figures. 

At the same time, his plans to open his own business have been put on hold as he devotes time to the legal matters.

"I can't help but think if this has happened to us … how many other people are affected?" Simon said. 

"We're screwed regardless, it's just a matter of doing this to protect others."

A spokesperson for the VBA said it was aware of Simon's case. 

The VBA's powers in such matters are limited, as the authority cannot compel a builder to address defects of non-compliance after an occupancy permit has been issued and the building occupied. 

A modern home that has two storeys

The case will continue at VCAT. (ABC News: Peter Drought)

"The VBA has conducted a series of inspections at the property and is in regular contact with the owner," the spokesperson said. 

"We are now assessing the inspection reports and will take appropriate action." 

The Master Builder's Association of Victoria declined to comment, while AFCA was unable to comment on specific cases due to confidentiality and privacy rules. 

The matter is continuing through VCAT this year. 

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