Lin v McIntosh [2016] NSWCATCD 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lin v McIntosh [2016] NSWCATCD 6 Hearing dates: On the papers Decision date: 15 January 2016 Jurisdiction: Consumer and Commercial Division Before: T Simon, Senior Member Decision: 1. The respondent is to pay the applicant the sum of $105,102.00 immediately.

2. The respondent is to pay to the applicant the costs of these proceedings as agreed or assessed. Catchwords: Home Building, substituted service, owner builder, scope of works, history of section 18B, completion of works Legislation Cited: Civil and Administrative Tribunal Rules (NSW) 2014 Home Building Act 1989 (NSW) Home Building Amendment Act 2014 (NSW) Home Building Amendment Act 2011 (NSW). Cases Cited: Oshlack v Richmond River Council (1998) 193 CLR 72 at [67] and at [134]. Category: Principal judgment Parties: Jun Lin and Weijing Chen (aka Esther Chan) (Applicants) Owan McIntosh and Vanessa McIntosh (Respondents) Representation: Solicitor: Kent Attorneys for the applicant No appearance by the respondent File Number(s): HB 14/57055 Publication restriction: Unrestricted

Reasons for Decision 1. The application was lodged on 26 November 2014 and involves a home building dispute. The applicants purchased the property from the respondents in December 2013. 2. In the initial application the applicant was seeking an amount of $30,000.00 for breach of statutory warranty. They allege building defects in that water is penetrating in areas where the respondents did building works, as owner builders involving an extension and alterations to the premises.