Kakoz v G Storm Group Pty Ltd [2022] NSWCATCD 119

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kakoz v G Storm Group Pty Ltd [2022] NSWCATCD 119 Hearing dates: 27 July 2022 Date of orders: 01 September 2022 Decision date: 01 September 2022 Jurisdiction: Consumer and Commercial Division Before: R C Titterton OAM, Senior Member Decision: The application is dismissed as the Tribunal has no jurisdiction. Catchwords: BUILDING AND CONSTRUCTION – date of practical completion of works – jurisdiction Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – s 41 Home Building Act 1989 (NSW) - ss 3B, 18E, 48K(7) and cl 121(1) of Sch 4 Cases Cited: Administration Corporation [2005] NSWCTTT 230 Karan v Champion Homes Sales Pty Ltd [2016] NSWCATCD 84 Kizas v Lawteal Pty Ltd [2010] NSWCTTT 257 Owners Corporation SP 53127 v Fair Trading Myers v Vero Insurance Ltd [2009] NSWCTTT 698 Category: Principal judgment Parties: J Kakoz (Appllicant) G Storm Group Pty Ltd (Respondent) Representation: Applicant: self-represented Respondent: No appearance File Number(s): HB 22/13772 Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. By application filed 29 March 2022 the applicant Mr C J Kakoz (Homeowner) seeks rectification orders and an order that the respondent G Storm Pty Ltd (Builder) pay him $100,000. 2. These reasons consider the meaning and application of ss 18E and 48K(7) and cl 121(1) of Sch 4 of the Home Building Act 1989 (NSW) (HB Act). 3. For the following reasons, the application is dismissed for lack of jurisdiction.