The Owners – Strata Plan No. 90347 v President Properties Pty Ltd [2022] NSWCATCD 99

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No. 90347 v President Properties Pty Ltd [2022] NSWCATCD 99 Hearing dates: 27 June 2022 Date of orders: 30 June 2022 Decision date: 30 June 2022 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: 1. The request to join Stadurn Pty Ltd as a respondent is refused. 2. The application is dismissed as the Tribunal does not have jurisdiction under the Home Building Act 1989. 3. The request for leave to amend the application to add claims under the Design and Building Practitioners Act 2020 is refused. 4. Written submissions not exceeding five pages and any supporting evidence in support of any application for costs are to be filed and served by Monday 11 July 2022. 5. Written submissions not exceeding five pages and any supporting evidence in response to any such application for costs are to be filed and served by Wednesday 20 July 2022. 6. Any written submissions in reply, not exceeding two pages, are to be filed and served by Wednesday 27 July 2022. Catchwords: BUILDING AND CONSTRUCTION – Joinder of party after expiration of limitation period – Date when claim lodged – Whether Tribunal has jurisdiction Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Design and Building Practitioners Act 2020 (NSW) Home Building Act 1989 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Amaca Pty Ltd v Cremer [2006] NSWCA 164 Cittia Hobart v Cawthorn [2022] HCA 16 Commissioner of Police, NSW Police Force v Fine [2014] NSWCA 327 David Cameron Jones t/as Oz Style Homes v Panchal [2018] NSWCATAP 238 DHJ v Secretary, Department of Family and Community Services [2018] NSWCATAD 46 Dyldam Developments v The Owners SP 85305 [2020] NSWCA 327 Fernance v Nominal Defendant (1989) 17 NSWLR 710 Gardez Nominees Pty Ltd v NSW Self Insurance Corporation [2016] NSWSC 532 Hopcroft v Edmunds (No 2) [2012] SASC 94 Howlett v Hurburgh [2004] TASSC 79 Ketteman v Hansel Properties Ltd [1987] AC 189 Lendlease Engineering Pty Ltd v Owners Corporation No. 1 & ors [2021] VSC 338 Owners Corporation Strata Plan 64757 v MJA Group Pty Ltd [2011] NSWCA 236 Owners SP 92648 v Binah Constructions PL & Anor [2021] NSWCATAP 68 Smith v Council of the Shire of Wakoo [2002] NSWSC 964 The Owners – Strata Plan No 66375 v King [2018] NSWCA 170 Vella v Mir [2019] NSWCATAP 28 Weldon v Neal [1987] QBD 394 Wilson v Chan & Naylor Parramatta Pty Ltd [2020] NSWCA 213 Woolloomooloo Foundation Pty Ltd v Maritime Services Board of New South Wales [1999] NSWSC 287 Texts Cited: Nil Category: Principal judgment Parties: The Owners – Strata Plan No. 90347 (Applicant) President Properties Pty Ltd (Respondent) Stadurn Pty Ltd (Proposed Respondent) Representation: Counsel: L Corbett (Respondent) A Ahmad (Proposed Respondent)