Allcastle Homes Pty Ltd v Wilkinson [2016] NSWCATAP 3

Allcastle Homes Pty Ltd v Wilkinson [2016] NSWCATAP 3

The Tribunal did not err in categorising the claim for damages based on breach of a tender agreement as a building claim under s 48A of the Home Building Act; preparatory work supplied under the agreement had a sufficient causal nexus with contemplated residential building work.

Jurisdiction
Australia
Judgment Date
05 January 2016
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
['jurisdiction Under Home Building Act' "definition of 'building Claim'" 'preparatory Work and Residential Building Work']
['home Building' 'consumer Law'] ['jurisdiction Under Home Building Act' "definition of 'building Claim'" 'preparatory Work and Residential Building Work']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ["Whether claim for damages under a tender agreement is a 'building claim' under the Home Building Act" "Whether preparatory and feasibility work falls within 'building goods or services' for jurisdictional purposes"]

Ratio Decidendi

The Tribunal did not err in categorising the claim for damages based on breach of a tender agreement as a building claim under s 48A of the Home Building Act; preparatory work supplied under the agreement had a sufficient causal nexus with contemplated residential building work.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed' 'Proceedings remitted to Consumer and Commercial Division for hearing of application']