Qi Y Ling and Bing Y Lin v Anil Beri [2014] NSWCATCD 225

Qi Y Ling and Bing Y Lin v Anil Beri [2014] NSWCATCD 225

The Tribunal found that the relevant building works complained of in Mr Zakos's report were completed in 2003, and the application filed on 21 May 2013 was brought more than seven years after completion. Accordingly, the Tribunal did not have jurisdiction to hear and determine the claim.

Jurisdiction
Australia
Judgment Date
18 November 2014
Procedural Posture
Home Building Claim for Alleged Breach of Statutory Warranties / Jurisdictional Determination in the Consumer and Commercial Division
Outcome
The application is dismissed as the Tribunal does not have jurisdiction to hear and determine the claim.
Legal Topics
['statutory Warranties' 'time Limitation' 'date of Completion of Building Works' 'owner Builder Work']
['home Building' 'civil and Administrative Tribunal Jurisdiction'] ['statutory Warranties' 'time Limitation' 'date of Completion of Building Works' 'owner Builder Work']

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Procedural Posture

Home Building Claim for Alleged Breach of Statutory Warranties / Jurisdictional Determination in the Consumer and Commercial Division

Legal Issues

  1. 1 ['Whether the Tribunal had jurisdiction under s 48K of the Home Building Act 1989 to hear and determine the claim.' 'Whether the application was made more than seven years after completion of the relevant building works.' 'Whether unfinished or later Council-related works up to 2009 affected the date of completion for the defects claimed.']

Ratio Decidendi

The Tribunal found that the relevant building works complained of in Mr Zakos's report were completed in 2003, and the application filed on 21 May 2013 was brought more than seven years after completion. Accordingly, the Tribunal did not have jurisdiction to hear and determine the claim.

Court Disposition

The application is dismissed as the Tribunal does not have jurisdiction to hear and determine the claim.

Orders

  • ['The application is dismissed as the Tribunal does not have jurisdiction to hear and determine the claim.']