Dunn & Pilcher Constructions Pty Ltd v Woodos Australia Pty Ltd [2021] NSWCATAP 347

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dunn & Pilcher Constructions Pty Ltd v Woodos Australia Pty Ltd [2021] NSWCATAP 347 Hearing dates: 17 June 2021 Date of orders: 09 November 2021 Decision date: 09 November 2021 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President J Currie, Senior Member Decision: (1) Appeal dismissed. (2) If the Respondent seeks an order for costs of the appeal, submissions in support of such application must be filed and served within 21 days of the date of these orders. (3) If the Respondent seeks costs then within a further period of 21 days the Appellant is to file and serve submissions opposing such application. (4) The parties' submissions should address whether the question of costs of the appeal may be determined by the Appeal Panel on the papers by dispensing with a hearing on costs. Catchwords: APPEAL - Home Building Act - builders claim against subcontractor in respect of builders liability to homeowners - statutory warranties - whether subcontractors warranties are coextensive with builders warranties. Legislation Cited: Home Building Act, 1989 (NSW) Law Reform (Miscellaneous Provisions) Act 1948 Cases Cited: Owners Strata Plan 62930 v Kell & Rigby Holdings Pty Ltd [2010] NSWSC 612 The Minister for Immigration v Li (2013) HCA 18 The Minister for Immigration v SMDS (2010) HCA 16 The Minister for Immigration v Stretton (2016) FCAFCS at [11] and [12] The Minister of Immigration v S20/2002 (2003) 198 ALR 59 The Owners – Strata Plan no 66375 v King [2018] NSWCA 170 Category: Principal judgment Parties: Dunn & Pilcher Constructions Pty Ltd (Appellant)