The Owners—Strata Plan No 78670 v Cavill Properties Pty Ltd [2014] NSWCATCD 218

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners—Strata Plan No 78670 v Cavill Properties Pty Ltd [2014] NSWCATCD 218 Hearing dates: 20 October 2014 on the papers Decision date: 29 October 2014 Jurisdiction: Consumer and Commercial Division Before: G Meadows, Senior Member Decision: The decision in matter number HB 13/63874 is set aside. Matter HB 14/13132 was filed within the time period specified in section 18E of the Home Building Act 1989 as it applied at the relevant time. Matters HB 13/63874 and HB 14/13132 are to be listed together for directions at a time to be set by the Deputy Divisional Registrar for directions to obtain a timetable for the service of evidence. By consent, there is no order for costs in relation to the preliminary hearing. Catchwords: Home Building Act warranties; application out of time; completion of building works; extension of time to file application to set aside an order of the Tribunal. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Regulation 2013—Regulation 9 Home Building Act 1989 ss 3B, 18E, 48K Interpretation Act 1987 Strata Schemes Management Act 1996 Cases Cited: Griffith v Gates [2013] NSWCTTT 301 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Owners Corporation Strata Plan 64757 v MJA Group Pty Ltd [2011] NSWCA 236 Category: Principal judgment Parties: The Owners—Strata Plan 78670 (applicant) Cavill Properties Pty Ltd (respondent) Representation: Solicitors: Applicant: Stuart Latham Solicitor Respondent: DibbsBarker Lawyers File Number(s): HB 13/63874; HB 14/13132 Publication restriction: Nil