Colin Charles Goodacre and Yvonne Sylvia Goodacre v Trinder Alpine Constructions Pty Ltd [2014] NSWCATCD 71

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Colin Charles Goodacre and Yvonne Sylvia Goodacre v Trinder Alpine Constructions Pty Ltd [2014] NSWCATCD 71 Hearing dates: 21 October 2013; 13 January 2014 Decision date: 08 May 2014 Before: J Lennard, General Member Decision: The application is dismissed. Catchwords: Cause of action - time limits - jurisdiction of Tribunal Consumer Claims - statutory interpretation - when cause of action accrues Legislation Cited: Consumer Claims Act 1998 (NSW) Consumer Claims Amendment Act 2007 (NSW) Limitation Act 1969 (NSW) Consumer, Trader and Tenancy Tribunal Act 2001 (NSW). Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987(NSW) Trade Practices Act 1974 (Cth) Cases Cited: Goodacre v Trinder Alpine Constructions Pty Ltd (Home Building) [2013] NSWCTTT 87 (26 February 2013) Grange Building Company Pty Ltd v Australian Ironwood Antique Timbers Pty Ltd (General) [2012] NSWCTTT 11 (6 January 2012) Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Texts Cited: NSW Legislative Assembly, Parliamentary Debates (Hansard) 7 November 2007 Category: Principal judgment Parties: Colin Charles Goodacre and Sylvia Yvonne Goodacre Trinder Alpine Constructions Pty File Number(s): GEN 13/50628 Publication restriction: Unrestricted

reasons for decision

Background 1The applicants as owners (the homeowners) and the respondent as builder (the builder) entered into a contract for the construction by the builder of a mixed-use development at Bega Street, Tathra, New South Wales. The contract was entered into a 19 September 2008. The contract price was $539,550.00. A dispute arose between the parties: the owners claimed damages of $101,618.06 with regard to the builder's breach of statutory warranties under s 18B of the Home Building Act 1989 (NSW). The builder claimed variations totalling $43,564.80 and payment of balance of the deposit in the sum of $14,837.62. 2That dispute was heard by the Consumer Trader & Tenancy Tribunal, Home Building Division in March 2012. The decision in the matter was handed down on 26 February 2013 and amended on 10 April 2013.