Guan v Chan; Chan v Guan [2016] NSWCATCD 21

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Guan v Chan; Chan v Guan [2016] NSWCATCD 21 Hearing dates: 23 October 2014 and 26 May 2015 Decision date: 09 March 2016 Jurisdiction: Consumer and Commercial Division Before: T Simon Senior Member Decision: 1 Application HB 13/38175 is dismissed 2 Application HB 13/48856 is dismissed. Catchwords: Home Building, scope of work, breach of statutory warranty, misleading and deceptive conduct, external administration, home warranty insurance, unlicensed builder Legislation Cited: Competition and Consumer Act (2010) (Cth) Corporations Act 2001 (Cth) Fair Trading Act 1987 (NSW) Home Building Act 1989 (NSW) Home Building Regulation 2014 (NSW) Home Building Regulation 2004 (NSW) Cases Cited: CH Real Estate Pty Ltd v Jainran Pty Ltd ; Boyana Pty Ltd v Jainran Pty Ltd [2010] NSWCA 37 Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 Hatz v Grace [2013] NSWCTTT 274 Houghton v Arms [2006] HCA 59 Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Ltd [2010] HCA 31; Semrani v Manoun; Williams v Manoun [2001] NSWCA 337 Viegas v Beyond 2000 Design and Construction Pty Ltd [2013] NSW CTTT 441 X Pty Ltd & Milstead and Anor [2015] FamCAFC 50 Category: Principal judgment Parties: In HB 13/38175 (homeowners' application) Yongqiang Guan (applicant) Indesign Building Solutions Pty Ltd (first respondent) Sze Ping Chan and William Chan Sze Pang (second respondents)