Owners Corporation SP 82076 v Taricon Pty Ltd [2017] NSWCATCD 37

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Owners Corporation SP 82076 v Taricon Pty Ltd [2017] NSWCATCD 37 Hearing dates: 20 December 2016; written submissions 17 January, 3 February 2017 Decision date: 04 May 2017 Jurisdiction: Consumer and Commercial Division Before: L Pearson, Principal Member Decision: 1. The application is dismissed.

2. Any application for an order for costs is to be made within 14 days of the date of these reasons and to be accompanied by any submissions and evidence in support of such an application.

3. The party against whom an application for an order for costs is made is to file and serve submissions and any evidence in reply no later than 14 days after the date in order 2.

4. Any application for costs will be determined on the papers. If either party wishes to be heard in person, that party must notify the Registrar within 7 days of the date in order 3, and the Registrar will advise the parties. Catchwords: HOME BUILDING: Breach of statutory warranties – whether claim lodged within time – practical completion – issue of occupation certificate – estoppel – additional cause of action in contract Legislation Cited: Building Professionals Act 2005 (NSW) Building Professionals Amendment Act 2008 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Environmental Planning and Assessment Regulation 2000 (NSW) Environmental Planning and Assessment Further Amendment Regulation 2008 Home Building Act 1989 (NSW) Home Building Amendment Act 2011 (NSW) Home Building Amendment Act 2014 (NSW) Limitation Act 1969 (NSW) Cases Cited: Amaya v Estate Property Holdings Pty Ltd [2010] NSWSC 32 Amaya v Everest Property Holdings Pty Ltd [2010] NSWCA 315 Bankstown City Council v Ramahi (No 2) [2016] NSWLEC 34 Burwood Council v Ralan Burwood Pty Ltd (No 3) [2014] NSWCA 404 Cessnock City Council v Laila Investments Pty Ltd [2012] NSWLEC 206 Griffith v Gates (Home Building) [2013] NSWCTTT 302 Karan v Champion Homes Sales Pty Ltd [2016] NSWCATCD 84 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 104 CLR 355 Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd (No 4) [2017] NSWSC 436 Smithers v Parisi (Home Building) [2008] NSWCTTT 1299 Tudor Developments Pty Ltd v Makeig (2008) 72 NSWLR 624; [2008] NSWCA 263 Windy Dropdown Pty Ltd v Warringah Council [2000] NSWLEC 240 Category: Principal judgment Parties: Owners Corporation SP82076 (Applicant) Taricon Pty Ltd (Respondent) Representation: Counsel: Mr N Silva (Applicant) Solicitors: Mr J Karacan, Hutchison Lawyers (Applicant) Mr D Indevar, O'Brien Lawyers (Respondent) File Number(s): HB 16/13982 Publication restriction: Nil