Huxley Homes Pty Ltd v Bunnings Group Limited [2014] NSWCATCD 200

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Huxley Homes Pty Ltd v Bunnings Group Limited [2014] NSWCATCD 200 Hearing dates: 29 July 2014 Date of orders: 14 October 2014 Decision date: 14 October 2014 Jurisdiction: Consumer and Commercial Division Before: P Boyce, Senior Member Decision: 1. The application is dismissed Catchwords: Jurisdiction, home building, consumer claim Legislation Cited: Civil and Administrative Tribunal Act 2013 Consumer Claims Act 1998 Consumer Claims Regulation 2014 Home Building Act 1989 Corporations Act 2001 (Cwlth) Corporations Regulations 2001 Cases Cited: Grygiel v Baine [2005] NSWCA 218 Category: Principal judgment Parties: Huxley Homes Pty Ltd (applicant) Bunnings Group Limited (respondent) Representation: Applicant: Adams and Partners, Lawyers Respondent: McCullough Buggy, Lawyers File Number(s): HB 13/56246

reasons for decision

Application 1. There are related proceedings in this Tribunal in relation to this application. 2. They are an application by the Builder against the Home Owner in proceedings HB 13/16053. 3. The Home Owner has filed an application by way of further claim against the Builder in proceedings HB13/29645. 4. This is an application by the applicant Builder against the respondent Supplier of frames, trusses and red tongue flooring used in the construction of a home for the Home Owner by way of further cross claim. 5. For the avoidance of doubt in these reasons a reference to: 1. "The Builder" is a reference to the applicant in these proceedings. The Builder is also the applicant in HB 13/16053 and the respondent in HB 13/29645; 2. "The Home Owner" is a reference to the respondent in proceedings HB13/16053 and the applicant in HB 13/29645; 3. "The Supplier" is a reference to the respondent in these proceedings; 1. Before the substantive application (HB 13/56246) now before the Tribunal can be determined a finding must be made as to the jurisdiction of the Tribunal to hear such an application by the Builder against the Supplier. 2. On 3 June 2014 Senior Member Smith gave directions on behalf of the Tribunal for the parties to file and serve short written submissions on the jurisdiction of the Tribunal to determine the claim by the Builder against the Supplier and if there is jurisdiction whether the proceedings should and can be transferred to the appropriate jurisdiction for determination. 3. Both parties filed submissions in relation to the directions albeit late, 3 and 5 days respectively. No objection was taken as to the late filing of the submissions by the other party. The Tribunal is satisfied that neither party is prejudiced by the lateness of filing the respective submissions. Leave is granted by the Tribunal to accept the submissions.