Felstead v Bundaberg Homes Pty Ltd

The parties to the case were David Nigel Felstead and Kim Felstead, who were the applicants, and Bundaberg Homes Pty Ltd, who was the respondent. The applicants brought an action against the respondent for negligence and pure economic loss in relation to a building dispute. The case was heard in the Queensland Civil and Administrative Tribunal (QCAT). The main legal issues in the case were whether the applicants' claim was statute-barred, and whether the applicants had complied with section 77(2) of the Queensland Building and Construction Commission Act 1991 (Qld). The respondent argued that the applicants' claim was statute-barred, while the applicants relied on the Limitation of Actions Act 1974 (Qld) and alleged fraud.

The court found that the applicants' claim was statute-barred, as it was brought more than three years after the accrual of the cause of action. The court also found that the applicants had not complied with section 77(2) of the Queensland Building and Construction Commission Act 1991 (Qld). The court dismissed the application for miscellaneous matters and ordered the applicants to file further amended applications, responses, and statements of evidence by specified dates. The court also ordered an Experts’ Conclave and a Directions Hearing to be held at specified dates. The court further ordered that the experts' joint report would be the experts' evidence in chief, and that parties may not raise matters not already mentioned in the joint report without the Tribunal's leave. The court also ordered that the costs of the application would be determined on the papers by written submissions from the parties, and without an oral hearing, not before a specified date.