Little v J & K Homes Pty Ltd [2017]
NSWCATAP 84
The NCAT Appeal Panel considered an appeal by the Owners that
the Tribunal had erred in dismissing their claim for defects on the
basis that the building contract remained on foot.
At first instance, the Tribunal below relied on Brewarrina
Shire Council v Beckhaus Civil Pty Ltd & 1 Or [2005] NSWCA
248 (the Brewarrina Case) to find that the owners
did not have standing to bring proceedings for breach of statutory
warranties for defective works where the contract had not yet been
terminated.
The Tribunal below referred to the leading judgement of Ipp JA
(Hodgson and McColl JJA agreeing) which states:
"While on this assumption (the Contract still
being on foot), the Council may have been entitled to claim damages
for delay arising out of Beckhaus' failure to achieve practical
completion by the date for practical completion, it could not sue
Beckhaus for defective or incomplete works... This situation would
have
