A class action alleging breach of contract, negligence and misrepresentation against the Commonwealth in respect of the Home Insulation Program (including interlocutory proceedings).
CWLTH developed and rolled out the Home Improvement Insulation Program (HIP) as part of its nation building economic stimulus plan to encourage businesses to create jobs and stimulate the economy. The CWLTH provided funds per household to fund the installation of ceiling. CWLTH gave an undertaking to representatives of the insulation industry that it would fund the installation until the end date or when the funds ran out (whichever came earlier). CWLTH terminated the program much earlier than anticipated. Plaintiff claimed that the contract they had entered into with the CWLTH was fixed until the end date. Plaintiff suffered loss and damage as a result of the repudiated contract. Impugned claims were negligent misrepresentation based on the announcements made by the CWLTH to encourage investment; misleading or deceptive conduct through carrying a business and unconscionable conduct, in that the CWLTH knew or ought to have known that such a program would have extinguished most of the market of pre-existing suppliers. Application for summary judgement dismissed. The Court granted leave to the Plaintiff to file and serve a further amended statement of claim. The Defendants summons was dismissed.