AJ Gouros Investments Pty Ltd trading as Adelaide Concrete Polishing & Grinding Pty Ltd v Pongraz [2018] NSWCATAP 129

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AJ Gouros Investments Pty Ltd trading as Adelaide Concrete Polishing & Grinding Pty Ltd v Pongraz [2018] NSWCATAP 129 Hearing dates: 8 March 2018 Date of orders: 28 May 2018 Decision date: 28 May 2018 Before: Mr M Harrowell, Principal Member F Corsaro SC, Senior Member Decision: Appeal dismissed. Catchwords: HOME BUILDING ACT – s 18D(1A) – residential building work – identity of the parties to contract – right of owners to claim for breach of statutory warranties as "non-contracting owners" against direct trade contractor or subcontractor to residential builder Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Home Building Amendment (Warranties and Insurance) Act 2010 (NSW) Cases Cited: Ace Woollahra Pty Ltd v The Owners – Strata Plan 61424 (2010) 77 NSWLR 613 Codelfa Constructions Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 331 at 352 EK Constructions Pty Ltd v Zhu [2017] NSWCATAP 102 Hombourg Houtimport BV v Agrosin Private Ltd, The Starsin [2004] 1 AC 715 Ingram v Little [1961] QB 31 Lampson (Australia) Pty Ltd v Australian Crane & Machinery Pty Ltd [2008] FCA 400 Pethybridge v Stedikas Holdings Pty Ltd [2007] NSWCA 154 Ryledar Pty Ltd v Euphoric Pty Ltd [2001] NSWCA 65 The Owners – Strata Plan 74602 v Brookfield Australia Investments Ltd [2015] NSWSC 1916 Vero Insurance Limited v Owners of Strata Plan No 69352 & Ors [2011] NSWCA 138 Texts Cited: Nil Category: Principal judgment Parties: Appellant: AJ Gouros Investments Pty Ltd trading as Adelaide Concrete Polishing & Grinding First Respondent: Lindsay Ann Pongraz Second Respondent: Ashley Bruce McAlpine Representation: Appellant: T Wolff (Solicitor) First and Second Respondents: L Pongraz