Ong v CTT & Son Constructions Pty Ltd [2022] NSWCATCD 88

Ong v CTT & Son Constructions Pty Ltd [2022] NSWCATCD 88

None of the claimed defects constituted a major defect as defined under Home Building Act s 18E(4), and therefore the claim was not brought within the statutory warranty period. The Tribunal lacks jurisdiction and the application must be dismissed.

Parties
Applicant: Maria and Eng Seng Ong; Respondent: CTT & Son Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
15 June 2022
Procedural Posture
Building Claim / Final Hearing and Determination
Outcome
Application dismissed for want of jurisdiction
Legal Topics
Statutory Warranties, Major Defect, Home Building Act
Building and Construction Consumer Law Statutory Warranties Major Defect Home Building Act

Case Brief

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Parties

Maria and Eng Seng Ong

Applicant

CTT & Son Constructions Pty Ltd

Respondent

Procedural Posture

Building Claim / Final Hearing and Determination

Legal Issues

  1. 1 Whether claimed defects constitute major defects under Home Building Act 1989 (NSW) s 18E
  2. 2 Whether application was lodged within statutory warranty period per Home Building Act 1989 (NSW) s 18E

Ratio Decidendi

None of the claimed defects constituted a major defect as defined under Home Building Act s 18E(4), and therefore the claim was not brought within the statutory warranty period. The Tribunal lacks jurisdiction and the application must be dismissed.

Court Disposition

Application dismissed for want of jurisdiction

Orders

  • The application is dismissed.
  • If either party wishes to make an application for costs: That party is to file submissions as to the costs of the matter by 24 June 2022. Each party may reply to the other's submissions by 8 July 2022.