Salcap Property Holdings Pty Ltd v JSquared Projects Pty Ltd [2024] NSWCATCD 45

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Salcap Property Holdings Pty Ltd v JSquared Projects Pty Ltd [2024] NSWCATCD 45 Hearing dates: 14 February 2024 Date of orders: 04 June 2024 Decision date: 04 June 2024 Jurisdiction: Consumer and Commercial Division Before: D Ziegler, Senior Member Decision: 1 Within 14 weeks of the date of these orders the respondent is to carry out the works specified in the Schedule attached to these orders, in a proper and workmanlike manner. 2 The application is otherwise dismissed. 3 If there is a costs application, the costs applicant is to file and serve submissions and documents on the costs application by 14 days from the date of these orders. 4 The costs respondent is to file and serve submissions and documents on the costs application by 28 days from the date of these orders. 5 The costs applicant is to file and serve costs submissions in reply by 35 days from the date of these orders. 6 The costs submissions of the parties are to state whether the parties seek an oral hearing on the issue of costs, or consent to the costs application being determined on the papers in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). 7 The Tribunal may determine it appropriate to deal with any costs application on the papers and without a further oral hearing. Catchwords: BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – defective building work – implied warranties – contract to perform residential building work – successor in title – claim for breach of implied warranties against a person who did not physically perform the work – major defects – work order or money order. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Bellgrove v Eldridge [1954] HCA 36; (1954) 90 CLR 613 Deacon v National Strategic Constructions Pty Ltd; National Strategic Constructions Pty Ltd v Deacon [2017] NSWCATAP 185 Denmeade v Travers [2023] NSWCATCD 3 Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP 23 Leung v Alexakis [2018] NSWCATAP 11 Robinson v Hindmarsh Construction Australia Pty Ltd [2021] NSWCATAP 51 Stevenson v Ashton [2019] NSWSC 1689 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 347 ALR 405 Category: Principal judgment Parties: SalCap Property Holdings Pty Limited (Applicant) JSquared Projects Pty Ltd (Respondent) Representation: Counsel: