Raysons Constructions Pty Ltd v The Owners Strata Plan No 87003 [2024] NSWCATAP 113

Raysons Constructions Pty Ltd v The Owners Strata Plan No 87003 [2024] NSWCATAP 113

The Tribunal erred in law by finding the owners corporation was entitled to an extension under s18E(1)(e) despite clear findings that they were aware, or ought reasonably to have been aware, of breaches of statutory warranty well before the last six months of the limitation period. This rendered the application out of time and the Tribunal without jurisdiction. The inconsistent findings of fact and law at first instance meant the limitation period had expired, so the application should have been dismissed.

Jurisdiction
Australia
Judgment Date
20 June 2024
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal allowed; orders at first instance set aside; owners corporation's application dismissed; costs in favour of appellant, subject to further applications.
Legal Topics
['statutory Warranties' 'limitation Periods' 'building Defects' 'appeals' 'jurisdiction of Tribunal']
['building and Construction Law' 'strata Title Law' 'civil Procedure'] ['statutory Warranties' 'limitation Periods' 'building Defects' 'appeals' 'jurisdiction of Tribunal']

Case Brief

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Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether Tribunal had jurisdiction to determine building defects claim commenced after expiry of statutory warranty period under s18E of the Home Building Act 1989 (NSW)' 'Whether the extension of time provision in s18E(1)(e) was enlivened' "Whether owners corporation's awareness of defects constituted awareness of a breach of statutory warranty prior to the last six months of the period" 'Whether errors of law or findings against the weight of evidence occurred at first instance']

Ratio Decidendi

The Tribunal erred in law by finding the owners corporation was entitled to an extension under s18E(1)(e) despite clear findings that they were aware, or ought reasonably to have been aware, of breaches of statutory warranty well before the last six months of the limitation period. This rendered the application out of time and the Tribunal without jurisdiction. The inconsistent findings of fact and law at first instance meant the limitation period had expired, so the application should have been dismissed.

Court Disposition

Appeal allowed; orders at first instance set aside; owners corporation's application dismissed; costs in favour of appellant, subject to further applications.

Orders

  • ['Leave to appeal is granted.' 'The appeal is allowed.' 'The orders made in HB 20/49739 are set aside.' 'In lieu thereof the Appeal Panel orders that application HB 20/49739 be dismissed.' "Subject to order 6, the respondent is to pay the appellant's costs of the appeal on the ordinary basis, as agreed or assessed."...