Parsons v Adams [2019] NSWCATAP 301

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Parsons v Adams [2019] NSWCATAP 301 Hearing dates: 24 September 2019 Date of orders: 20 December 2019 Decision date: 20 December 2019 Jurisdiction: Appeal Panel Before: A Britton, Principal Member G Sarginson, Senior Member Decision: (1) Appeal is dismissed. Catchwords: BUILDING AND CONSTRUCTION — liability of contractor for breach of statutory warranty under s 18B of the Home Building Act 1989 (NSW) — scope of s 18F defence to a contravention of a statutory warranty under s 18B of the Home Building Act

CONTRACT — ascertaining parties to contract Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Boral Limited v Foley & Bear Pty Ltd trading as J&R Industries [2016] NSWCA 373 Codelfa Construction Pty Ltd v State Rail Authority of NSW [1982] HCA 24; (1982) 149 CLR 337 Kapeller v BH Australia Constructions Pty Ltd [2019] NSWCATAP 40 Lederberger v Mediterranean Olives Financial Pty Ltd [2012] VSCA 262; (2012) 38 VR 509 Pastrovic & Co Pty Ltd v Farrington [2011] NSWDC 94 Stefanis v Oneview Construction Pty Limited [2019] NSWCATAP 218 The Craftsmen Restoration and Renovations v Thomas Boland, Thomas Boland v The Craftsmen Restoration and Renovations [2008] NSWSC 660 Texts Cited: None cited Category: Principal judgment Parties: Dennis Malcolm Parsons (Appellant) Sarah Adams (Respondent) Representation: Solicitors: Barry Marshall, (Applicant)