Case Note – Deaves v Sigma Group NSW Pty
Limited [2023] NSWCATAP 94
The Home Building Division of Civil and Administrative Tribunal
of New South Wales (NCAT) can determine
residential building work disputes typically involving breaches of
the statutory warranties in section 18B of Home Building Act
1989 (NSW) (HBA).
It was however commonly believed that NCAT cannot determine
claims against building professionals under the Design and
Building Practitioners Act 2020 (NSW) (DPBA).
The recent decision of the Appeal Panel in Deaves v Sigma Group
NSW Pty Limited [2023] NSWCATAP 94 (Deaves)
clarifies NCAT's jurisdiction to determine DBPA claims.
Background
The applicant brought claims for breaches of statutory
warranties in section 18B of the HBA and loss under section 37 of
the DBPA against the builder and the developer.
