Arenco Pty Ltd v CSR Ltd & Anor [2004] NSWSC 542

Arenco Pty Ltd v CSR Ltd & Anor [2004] NSWSC 542

CSR Ltd did not undertake, nor contract to perform, residential building work or supervise/co-ordinate such work, but merely supplied materials; the claim therefore does not fall within the Tribunal’s jurisdiction under the Home Building Act 1989 (NSW).

Jurisdiction
Australia
Judgment Date
25 June 2004
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; CTTT decision affirmed; Plaintiff to pay costs.
Legal Topics
['jurisdiction of Tribunal' 'building Claims' 'interpretation of Home Building Act 1989 (nsw)']
['administrative Law' 'building and Construction'] ['jurisdiction of Tribunal' 'building Claims' 'interpretation of Home Building Act 1989 (nsw)']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the services/goods supplied by CSR Limited fall within the definition of 'building goods or services' under the Home Building Act 1989 (NSW) so as to confer jurisdiction on the CTTT." "Whether involvement in the project constituted 'residential building work' under the Act."]

Ratio Decidendi

CSR Ltd did not undertake, nor contract to perform, residential building work or supervise/co-ordinate such work, but merely supplied materials; the claim therefore does not fall within the Tribunal’s jurisdiction under the Home Building Act 1989 (NSW).

Court Disposition

Appeal dismissed; CTTT decision affirmed; Plaintiff to pay costs.

Orders

  • ['The decision made by CTTT Chairperson Ransome on 28 January 2004 is affirmed.' 'The appeal is dismissed.' "The plaintiff's summons filed 25 February 2004 is dismissed." "The plaintiff is to pay the first defendant's costs as agreed or assessed."]