Ibrahim v Paragon Constructions (NSW) Pty Ltd; Paragon Constructions (NSW) Pty Ltd v Ibrahim [2016] NSWCATCD 66

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ibrahim v Paragon Constructions (NSW) Pty Ltd; Paragon Constructions (NSW) Pty Ltd v Ibrahim [2016] NSWCATCD 66 Hearing dates: 13 April 2016 Decision date: 01 July 2016 Jurisdiction: Consumer and Commercial Division Before: P Boyce, Senior Member Decision: 1. The Tribunal has jurisdiction to hear and determine the home owner's application HB 15/52616.

2. The Tribunal has jurisdiction to hear and determine the builders application HB 15/67446. Catchwords: HOME BUILDING- jurisdiction, S 18E warranty period to apply for building works completed in October 2010, extent of retrospectivity of 2014 amendments of s 18E for building work carried out before 31 January 2012, defects, major defects, other defects; period in which quantum meruit claim may be brought by builder under s48K Legislation Cited: Home Building Act 1989 Home Building Amendment Act 2011 No 52 Home Building Amendment Act 2014 No 24 Interpretation Act 1987 Cases Cited: Lavery v Dimension Tilers Pty Ltd [2015] NSWCATCD Gray v QBE Insurance (Australia) Limited [2015] NSWCATCD 124. Vero Insurance v Buckle [2008] NSWSC 73; S & G Homes Pty Ltd t/a Pavilion Homes v Owen [2015] NSWCATAP R v Kidman (1915) 20 CLR 425 Warren v K Kavanagh t/as Local Fencing [2015] NSWCATD 140 at [51]; Xu v Jinhong Design & Constructions Pty Ltd [2011] NSWCA. Category: Procedural and other rulings Parties: HB 15/52616 John Ibrahim (Applicant) Paragon Constructions (NSW) Pty Ltd (Respondent)