Lavery v Dimension Tilers Pty Ltd [2015] NSWCATCD 59

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lavery v Dimension Tilers Pty Ltd [2015] NSWCATCD 59 Hearing dates: 1 April 2015 Decision date: 14 April 2015 Jurisdiction: Consumer and Commercial Division Before: S F Smith, General Member Decision: 1 The matter is to be listed for directions at the first convenient date. Jurisdiction found Legislation Cited: Home Building Act 1989 Cases Cited: Jol v State of New South Wales (1998) 45 NSWLR 283; Woods v Bate (1986) 7 NSWLR 560 Category: Procedural and other rulings Parties: Brendan Lavery (applicant) Dimension Tilers Pty Ltd (respondent) Representation: Messrs Pitcher Walton Solicitors for Respondent File Number(s): HB 15/00878

REASONS FOR DECISION

Proceedings 1. This is a twofold claim made by a person who is an owner builder in one matter and the builder in the other. The same issue, namely whether the application is out of time, is central to both and the respondent is the same corporation in each case. The claim is for a money payment of $39,327.39. 2. The claim was filed on 8 January 2015 and was first listed for directions on 19th of that month. On 5 February it was submitted by the respondent that the claims were out of time. Senior Member Meadows ordered that the preliminary jurisdictional issue be decided on the papers before the matter progressed further.

Background 1. In what I shall call the Raven Street claim, the respondent did tiling work at [***] Raven Street [***] in about August 2011. The applicant was an owner builder in that case. He now alleges that the tiling works as performed by the respondent were defective and seeks a remedy against Dimension in this Tribunal. 2. The other matter I shall refer to as the Rosser St matter. Here, the applicant was acting as a licensed builder to construct a dwelling for a client at [***]Rosser St [***] in September 2009. Dimension did tiling work as subcontractor to Mr Lavery. The homeowner found the work defective and sued Mr Lavery to judgment in this Tribunal. In total $11,170.00 was awarded against him for the tiling work. In the present claim the applicant seeks to recover from Dimension as subcontractor, the amounts he paid to the homeowner for the defective tiling work.