Allcastle Homes Pty Ltd v Wilkinson [2016] NSWCATAP 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Allcastle Homes Pty Ltd v Wilkinson [2016] NSWCATAP 3 Hearing dates: 21 August 2015 Date of orders: 05 January 2016 Decision date: 05 January 2016 Jurisdiction: Appeal Panel Before: J Redfern, Principal Member T Simon, Senior Member Decision: Appeal dismissed Catchwords: APPEAL – home building – jurisdiction to hear claim under the Home Building Act – meaning of "building claim" – whether claim under a tender agreement was a building claim –building contract not subsequently entered into – no physical construction but preparatory work – whether "for or in connection with the carrying out of residential building work" – Tribunal found jurisdiction on the basis of sufficient causal nexus – no error of law – appeal dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Consumer Claims Act 1998 (NSW) Home Building Act 1989 (NSW) Consumer Claims Regulation 2014 (NSW) Cases Cited: AIM Partnership v Rathchime [2010] NSWSC 860 Collings Homes v Head & ors [2002] NSWSC 1219 Grygiel v Baine [2005] NSWCA 218 Provincial Homes v Doyle & ors [2004] NSWSC 624 Vero Insurance Ltd v Buckle [2008] NSWSC 73 Woolfe v Alexander Sussman t/as Sussman Construction Consulting Services Pty Ltd [2001] NSWSC 702 Texts Cited: Philip Bambagiotti, Building Disputes and the Home Building Act 1989 (NSW) (1st ed 2012, Law Book Co.) Category: Principal judgment Parties: Allcastle Homes Pty Ltd (the Appellant) Chad Jon Wilkinson and Andrea Wilkinson (the Respondents) Representation: Counsel: Mr D Creais (the Appellant) Mr C Mobellan (the Respondents)