Karan v Champion Homes Sales Pty Ltd [2016] NSWCATCD 84

Karan v Champion Homes Sales Pty Ltd [2016] NSWCATCD 84

The application was lodged on 15 April 2016. The Tribunal found that, independently of the contractual deeming provisions, the applicants acknowledged at the final inspection on 2 April 2009 that the premises were reasonably capable of occupation and there was no evidence of later work affecting practical completion. Practical completion therefore occurred on 2 April 2009, more than 7 years before commencement of proceedings. By operation of Sections 18E and 48K of the Home Building Act 1989, the claim was out of time and the Tribunal had no jurisdiction; it had no power to extend the limitation period.

Jurisdiction
Australia
Judgment Date
20 October 2016
Procedural Posture
Residential Building Claim for Alleged Breach of Statutory Warranties Under the Home Building Act 1989 / Hearing Before the Consumer and Commercial Division of the Civil and Administrative Tribunal of New South Wales on Jurisdiction and Limitation
Outcome
The application was dismissed because the Tribunal had no jurisdiction.
Legal Topics
['limitation of Actions' 'statutory Warranties' 'date of Practical Completion' 'residential Building Work' 'tribunal Jurisdiction' 'adjournment']
['home Building Law' 'consumer and Commercial Law' 'civil Procedure'] ['limitation of Actions' 'statutory Warranties' 'date of Practical Completion' 'residential Building Work' 'tribunal Jurisdiction' 'adjournment']

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Procedural Posture

Residential Building Claim for Alleged Breach of Statutory Warranties Under the Home Building Act 1989 / Hearing Before the Consumer and Commercial Division of the Civil and Administrative Tribunal of New South Wales on Jurisdiction and Limitation

Legal Issues

  1. 1 ['Whether the Tribunal had jurisdiction given the 7 year limitation period for statutory warranties under Section 18E of the Home Building Act 1989.' 'Whether the residential building work was completed more than 7 years before the application was lodged on 15 April 2016.' 'If the Tribunal had jurisdiction, whether the applicants had established breach of statutory warranties and the appropriate remedy.' 'If the Tribunal had jurisdiction, whether the applicants should be granted an adjournment to obtain further expert evidence.']

Ratio Decidendi

The application was lodged on 15 April 2016. The Tribunal found that, independently of the contractual deeming provisions, the applicants acknowledged at the final inspection on 2 April 2009 that the premises were reasonably capable of occupation and there was no evidence of later work affecting practical completion. Practical completion therefore occurred on 2 April 2009, more than 7 years before commencement of proceedings. By operation of Sections 18E and 48K of the Home Building Act 1989, the claim was out of time and the Tribunal had no jurisdiction; it had no power to extend the limitation period.

Court Disposition

The application was dismissed because the Tribunal had no jurisdiction.

Orders

  • ['The application is dismissed as the Tribunal has no jurisdiction.']