Bailey v Owners Corporation of Strata Plan 62666

The applicants, Mr and Mrs Bailey, sought judicial review of a decision of the District Court concerning a claim for alleged defective building work against the Owners Corporation of Strata Plan 62666. The dispute arose from landscaping work undertaken at the strata scheme, which the Baileys alleged was defective and in breach of statutory warranties. The matter ultimately came before the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the landscaping work constituted "residential building work" within the meaning of the *Home Building Act 1989* (NSW), and consequently, whether the Consumer, Trader and Tenancy Tribunal (now the NSW Civil and Administrative Tribunal) had jurisdiction to hear and determine the claim under section 48K(7) of that Act. The court also considered whether evidence of other "residential building work" was relevant to the determination of the nature of the work in question.

The Court of Appeal reasoned that the definition of "residential building work" in section 18B of the *Home Building Act 1989* was broad enough to encompass the landscaping work undertaken at the strata scheme, particularly given the context of the overall development. The court found that the District Court had not erred in law in its interpretation of the Act or its application to the facts. Therefore, despite any potential errors in the District Court's reasons, the underlying orders were unaffected.

The application for judicial review was dismissed, and the applicants were ordered to pay the costs of the respondents.