Little v J & K Homes Pty Ltd [2017] NSWCATAP 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Little v J & K Homes Pty Ltd [2017] NSWCATAP 84 Hearing dates: 29 March 2017 Date of orders: 21 April 2017 Decision date: 21 April 2017 Jurisdiction: Appeal Panel Before: M Craig QC, Principal Member DAC Robertson, Senior Member Decision: 1. Appeal allowed. 2. Set aside orders made by the Tribunal on 9 November 2016 and 8 February 2017. 3. Remit the proceedings to the Consumer and Commercial Division of the Tribunal for determination in accordance with these reasons. 4. The Respondent pay the Appellants' costs of the appeal. 5. Costs of the proceedings at first instance to be determined by the Tribunal Member hearing the remitted proceedings. Catchwords: CONTRACT – Home Building contract – contract not terminated at time of hearing – whether appellants could maintain claims for performance of work required under the contract – whether appellants could maintain claim in respect of alleged breach of statutory warranties while contract remained on foot Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Rules 2014 (NSW) Home Building Act 1989 (NSW) Suitors Fund Act 1951 (NSW) Cases Cited: Berger v Boulder Projects [2015] NSWCATAP 274 Brewarrina Shire Council v Beckhaus Civil Pty Ltd [2005] NSWCA 248 Gaynor v Burns [2015] NSWCATAP 150 at [61] Category: Principal judgment Parties: Nicholas Little & Renee Brancato-Little (Appellants) J & K Homes Pty Ltd (Respondent) Representation: Counsel: S Jacobs (Appellant) M Ohlson (solicitor) (Respondent)