Bailey & Anor v Owners Corporation of Strata Plan 62666 [2011] NSWCA 293

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bailey & Anor v Owners Corporation of Strata Plan 62666 [2011] NSWCA 293 Hearing dates: 25 August 2011 Decision date: 15 September 2011 Before: Basten JA at 1 Meagher JA at 12 Sackville AJA at 13 Decision: 1. Application dismissed. 2. The Applicants to pay the costs of the First, Second and Third Respondents . [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: BUILDING AND CONSTRUCTION - claim of alleged defective work - limitation period - jurisdiction of Consumer, Trader and Tenancy Tribunal to hear and determine building claims - Home Building Act 1989, s48K(7)

STATUTORY CONSTRUCTION - statutory warranties as to residential building work - whether landscaping work is "residential building work" - Home Building Act 1989, s 18B - whether evidence of other "residential building work"

ADMINISTRATIVE LAW - judicial review of decision of District Court - error of law in reasons - application for order in nature of certiorari - orders unaffected by error Legislation Cited: Consumer, Trader and Tenancy Tribunal Act 2001 District Court Act 1973 Environment Planning and Assessment Act 1979 Home Building Act 1989 Strata Schemes (Freehold Development) Act 1973 Supreme Court Act 1970