Barber v Wilson

Barber v Wilson is a dispute between Franca Barber, the successor in title to a property, and Emma Kathryn Wilson, the original purchaser of the property. The dispute pertains to the statutory warranties provided by the developer under the Home Building Act, 1989 (NSW). The dispute came before the NSW Civil and Administrative Tribunal. The central legal issue in this case was whether the statutory warranties under section 18B(1) of the Home Building Act, 1989 (NSW) were breached and whether the successor in title, Franca Barber, had the right to claim the compensation from the original purchaser, Emma Kathryn Wilson, for any such breach.

The Tribunal found that the statutory warranties were indeed breached by the developer, and as a result, the original purchaser was liable for the compensation. The Tribunal noted that the successor in title has the right to claim compensation for any breach of statutory warranties from the original purchaser. The reasoning of the Tribunal was based on the statutory provisions of the Home Building Act, 1989 (NSW) and the common law principles of succession of title. The Tribunal held that the statutory warranties were intended to protect the purchaser of a new home and that the successor in title has the right to enforce those warranties. The Tribunal found that the original purchaser, Emma Kathryn Wilson, was liable for the compensation for the breach of statutory warranties and ordered her to pay Franca Barber the sum of $6,227.40.