Grygiel v Baine & Ors [2005] NSWCA 218

New South Wales Court of Appeal

CITATION: Grygiel v Baine & Ors [2005] NSWCA 218

HEARING DATE(S): 19 May 2005

JUDGMENT DATE: 29 June 2005

JUDGMENT OF: Mason P at 1; Bryson JA at 2; Basten JA at 18

DECISION: (1) Grant leave to the Claimant to appeal against so much of the judgment and orders of the Master as held that the Tribunal had no jurisdiction to consider the proposed claim against Anthony James Baine and the Third Opponents (the law firm); (2) Allow the appeal with respect to that matter and set aside the judgment of the Master in that regard; (3) Set aside the decision of the Tribunal as to its jurisdiction in relation to the proposed claims against Mr Baine and the law firm with respect to the provision of legal advice in relation to the supply of building goods and services to the First Opponent; (4) Remit the matter to the Tribunal for further consideration of those claims; (5) Order that Anthony James Baine pay the Claimant one-half of his costs; (i) of the appeal before the Master; and; (ii) of the proceedings in this Court; (6) Otherwise dismiss the application for leave to appeal

CATCHWORDS: Building dispute in Consumer, Trader and Tenancy Tribunal - whether builder permitted to join his company as co-plaintiff - finding by Tribunal that company not a party to the contract - cross claim against the company still on foot - whether Tribunal erred in refusing application - jurisdiction of Tribunal - meaning of "building claim" under s49A of the Home Building Act 1989 (NSW) - whether legal services supplied by homeowner to builder gave rise to a building claim - whether law firm of which homeowner was a partner could be joined as defendant - collateral contract - whether there was a contract collateral to a contract for the supply of building goods and services.