Fotedar v Francis [2014] NSWCATCD 182

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fotedar v Francis [2014] NSWCATCD 182 Hearing dates: 26 August 2014 Decision date: 01 October 2014 Before: P. Boyce, General Member Decision: The application is dismissed. Catchwords: Jurisdiction Legislation Cited: Home Building Act 1989 Cases Cited: None Texts Cited: None Category: Principal judgment Parties: Sandeep Fotedar (applicant) Chalita Francis (respondent) File Number(s): HB 14/03362 Publication restriction: None

reasons for decision

Application 1This is an application for orders by a home owner ("owner") against an owner builder ("builder") of a residential dwelling for alleged breach of the statutory warranty contained in s 18B of the Home Building Act 1989. 2It is for the Tribunal to determine the preliminary issue of jurisdiction before the substantive matter can proceed to determination.

Background 3In 2004 on the application of the builders' wife, Holroyd City Council granted development approval to the builder to erect a two story duplex residence on land at 48 ********* Street, Wentworthville owned by the builder. 4In about February 2005 Holroyd City Council gave the builder building approval to commence the approved building works. 5On or about 20 September 2005 the builder was issued with an owner builders permit to carry out the building work. 6On the builders submission the building works commenced about June 2005. 7The date of the completion of the building works is a matter of contention between the builder and the owner. Critically, it is a matter for the Tribunal to determine on the evidence before it so that it can consider whether the owner's application has been brought within the time permitted under the Home Building Act.