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ARTICLE · 28 MAY 2017

Residential Focus NSW - 24 May 2017

Holding Redlich
Holding Redlich
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Holding Redlich

Holding Redlich

Holding Redlich is a large national commercial firm with offices in Melbourne, Canberra, Sydney,...

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This newsletter includes media releases, reports, cases, legislation and issues relating to residential property in NSW.

AustraliaReal Estate and Construction
Georgia Appleby
Georgia Appleby
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EK Constructions Pty Ltd v Zhu [2017] NSWCATAP 102

The NSW Civil and Administrative Tribunal (NCAT) Appeal Panel recently considered an appeal by a builder who claimed that the Tribunal had erred in finding that the owner had standing to make a claim for breach of statutory warranties under the Home Building Act 1989 (NSW) (the Act). The builder also claimed that it was denied procedural fairness by the failure to give any weight to its expert evidence.

Standing

The builder submitted that the Tribunal made an error of law by hearing the application of the owner as he was not a party to the contract for residential building work.

The facts of this case are such that the owner had entered into the contract with the builder not in his own name, but in the name of a company of which he was a director. This was reflected by the fact that the work order was issued on company letterhead, the quote identified the company as the client and tax invoices were issued to

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