Wilderness Blue Pty Ltd v Frasers Putney Pty Ltd [2021] NSWCATAP 115

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wilderness Blue Pty Ltd v Frasers Putney Pty Ltd [2021] NSWCATAP 115 Hearing dates: 21 September 2020 Date of orders: 5 May 2021 Decision date: 05 May 2021 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President K Rosser, Principal Member Decision: (1) Appeal dismissed. (2) If the Respondent seeks costs of the appeal it must file and serve submissions and evidence in support of such an application within 21 days of the date of these orders. (3) The Appellant must file and serve submissions and evidence in opposition to the Respondents submissions within 14 days thereafter (4) The submissions of the parties should state whether it will be appropriate for the Appeal Panel to dispense with the hearing on costs and determine costs on the papers. Catchwords: HOME BUILDING CONTRACT- whether contract to do residential building work, meaning of "procure"- claim for breach of warranties as successor in title - whether time for lodgment of application should be extended. Legislation Cited: Civil & Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Aimee v Brealey [2017] NSWCATAP 141 Barnaby v Chamoun [2017] NSWCATCD 105 BH Australia Constructions Pty Ltd v Kapeller [2019] NSWSC 1086 Carr v Finance Corporation of Australia Ltd (No 1) (1981) 147 CLR 246 Lawrence v Cianter [2019] NSWSC464 Murphy v Pitt [2017] NSWCATACD 44 Owners – Strata Plan 81837 v Multiplex Hurstville Pty Ltd [2018], NSWSC 1488 S&G Homes Pty Ltd t/as Pavilion Homes v Owen [2015] NSWCATAP 190 Trend Properties v Casa Maria (Supreme Court 20 August 1988 unreported) Texts Cited: Nil Category: Principal judgment Parties: Wilderness Blue Pty Ltd (as trustee for Silvia Family No 4 Trust) (Appellant) Frasers Putney Pty Ltd (Respondent) Representation: Counsel: A Oakes (Appellant) L Shipway (Respondent)