Fitzgerald v Waterstop Solutions (NSW) Pty Ltd [2022] NSWCATCD 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fitzgerald v Waterstop Solutions (NSW) Pty Ltd [2022] NSWCATCD 84 Hearing dates: 20 April 2022 Date of orders: 20 June 2022 Decision date: 20 June 2022 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: (1) Pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 the application is dismissed on the basis that it is misconceived. (2) Any application for costs is to be made with supporting submissions by 4 July 2022. Submissions are to be limited to 5 A4 pages in not less than 11 point font. (3) Any reply to any application for costs is to be made with supporting submissions by 28 July 2022. Submissions are to be limited to 5 A4 pages in not less than 11 point font. (4) Subject to order (5), pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013 the Tribunal dispenses with any further hearing on the issue of costs. (5) If a party contends for any different order to order (4) they are to set out the order sought and the grounds for that order in any application for costs or reply to any application for costs. Catchwords: BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – Statutory warranty – Due care and skill – Standing of Lot Owners to bring an application under the Home Building Act 1989 against a builder engaged by the Owners Corporation in relation to the repair of common property in a Strata Scheme Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Strata Schemes (Freehold Development) Act 2015 (NSW) Strata Schemes Management Act 2015 (NSW) Strata Schemes Management Regulation 2015 (NSW) Cases Cited: Alchin v Rail Corporation NSW [2012] NSWADT 142 BDK v Department of Education and Communities [2015] NSWCATAP 129 EK Constructions Pty Ltd v Zhu [2017] NSWCATAP 102 Grygiel v Baine & Ors [2005] NSWCA 218 Seiwa v Owners Strata Plan 35042 [2006] NSWSC 1157 Texts Cited: Nil Category: Principal judgment Parties: Robert Fitzgerald (First Applicant) Emma Fitzgerald (Second Applicant) Waterstop Solutions (NSW) Pty Ltd (Respondent) Representation: Counsel: B Anderson (Respondent)