Geoghan v Wood [2021] NSWCATCD 141

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Geoghan v Wood [2021] NSWCATCD 141 Hearing dates: On the papers Date of orders: 14 October 2021 Decision date: 08 October 2021 Jurisdiction: Consumer and Commercial Division Before: R C Titterton OAM, Senior Member Decision: 1. The Tribunal dismisses the application for a separate determination of the issues identified in par [4] of these reasons. 2. The matter will be listed for directions. Catchwords: PRACTICE AND PROCEDURE – Determination of a separate issue Legislation Cited: Home Building Act 1989 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Calderbank v Calderbank [1976] Fam 93 ; [1975] 3 All ER 333 Idoport v National Australia Bank [2000] NSWSC 1215 J & P Olzomer Pty Limited v The Owners of Strata Plan 67534 [2010] NSWSC 965 Metlife Insurance Ltd v RGA Reinsurance Company of Australia Ltd [2016] NSWSC 416 Mitry v Chardnas Pty Ltd [2008] NSWSC 359 Tepko Pty Limited v Water Board [2001] HCA 19 Texts Cited: Nil Category: Procedural rulings Parties: Anne Geoghan (Applicant) Daniel Wood (Respondent) Representation: Solicitors: Lantern Legal (Applicant) Priest Legal (Respondent) File Number(s): HB 21/26686 Publication restriction: NIL

REASONS FOR DECISION

Summary 1. By application filed 21 June 2021 the applicant (Homeowner) sought an order that the respondent (Builder) undertake rectification works to the approximate value of $64,000. As at the time of these reasons the claimed rectification costs were $152,393.29. 2. At a directions hearing held on 3 September 2021 I gave directions for the parties to file submissions and evidence in relation to the Tribunal's power to hear and determine the Homeowner's claims (given a claimed date of completion of the relevant building works of 24 April 2019). 3. These directions were made at the Builder's request. 4. The short issue is whether or not there should be an interlocutory hearing to determine: * what is the date of practical completion of the works under the subject Contract for the purposes of s 3B of the Home Building Act 1989 (NSW) (the HB Act); * what is the warranty period applicable to each claimed defect; and * in relation to each claimed defect, have these proceedings been commenced within the time prescribed by s 18E of the Act?