BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Statutory warranty — Proceedings for breach — where contract extracted statutory warranties — where proceedings for minor defect brought after two years — where magistrate found limitation periods in s 18E did not apply — where prefatory words “to the extent required by the Home Building Act” used — held to incorporate limitation period
APPEALS — Procedural fairness — where party made concession in case summary prepared in accordance with practice note — where magistrate disregarded concession — held to constitute a denial of procedural fairness
APPEALS — Procedural fairness — Failure to give reasons — where preliminary ruling made subject to any authorities being brought to magistrate’s attention — unorthodox approach — failure to address principal submissions of one party in reasons
APPEALS — from Local Court to Supreme Court — where grounds involved statutory interpretation and denial of procedural fairness — where held to involve questions of law — leave not required
Case Details
Citation[2022] NSWSC 1257
CourtNSWSC
JurisdictionNew South Wales
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