Stephen and Jo Silvagni left to foot the bill over alleged defects in their mansion

GLAMOUR couple Stephen and Jo Silvagni have been left more than $100,000 out of pocket after a failed bid to recover costs they say were needed to help fix serious defects with their multi-million dollar mansion. 

Now they have been left to foot the bill for significant legal costs for the preparation of a civil suit after the company at the centre of their claim was placed into liquidation.

The former Carlton star and his wife launched civil action against Stonehenge Homes demanding up to $120,000 to help fix the Balwyn North home they say was completed inadequately.

Court documents show the Silvagnis paid the company $1.56 million in April 2002 to build their dream home - a double-storey brick veneer, complete with swimming pool and tennis court.

But they alleged serious defects, including a sagging roof, rotting window sills, cracking walls, insulation and heating defects, a leaking basement, and water damage to the ensuite and walk-in-robe, made the home un-livable.


Documents also alleged that doors and fly screens were not properly fitted.

A five day VCAT hearing was due to start on April 29 but the proceeding was abandoned after lawyers for Stonehenge Homes, now known as DEE RR Pty Ltd, said the company had gone into liquidation less than a fortnight earlier.

No action or civil proceedings can be brought against wound-up companies without leave of the Court.

But the Silvagnis sought an order for DEE RR Pty Ltd to pay legal costs incurred in the lead-up to the expected hearing including six directions hearings, two mediation sessions and a compulsory conference.

In a ruling handed down last week VCAT deputy president Catherine Aird said the tribunal did not have jurisdiction to award costs to the Silvagnis.

"Whilst I understand the applicants' concerns and frustrations at having the costs of preparation for the hearing ... because of the respondents' failure to advise them it had been placed in liquidation, their application for an order must be refused," she said.

heraldsun.com.au 10 May 2013

This is another classic example of how the Australian legal system, set up by the masonic forefathers, works against the masses to the financial benefit of the corporatocracy.

A company is able to be liquidated only with it's owners to start another company and keep trading with no commitment to previous debts.

The corrupt judges usually rule against the masses, if there is financial gain given by a ruling that favours the (pleb) plaintiff against a corporation, the corporation recoups the monies from the masses via other means.