Huynh v Devine Building Pty Ltd

The case of Huynh v Devine Building Pty Ltd involved a dispute between the applicant, Huynh, and the respondent, Devine Building Pty Ltd, under the Home Building Act. Huynh alleged that defects existed in a home built by Devine, which the latter failed to remedy despite a statutory notice. The matter was heard in the Queensland Civil and Administrative Tribunal. The primary legal issue before the tribunal was whether the statutory warranties provided under the Home Building Act were enforceable and if the time limits for such enforcement were met. Specifically, the tribunal had to determine if a complaint made to the Department of Fair Trading constituted "enforcement" of the statutory warranties under section 18E of the Act, and whether the act of obtaining work orders from the Department of Fair Trading was equivalent to enforcing the warranties.

The tribunal found that a complaint to the Department of Fair Trading did not equate to enforcement of the statutory warranties as required by section 18E of the Act. Additionally, the tribunal ruled that obtaining work orders from the Department of Fair Trading was not the same as enforcing the warranties. The tribunal further held that the applicant had failed to demonstrate that the waterproofing of the home was defective. Consequently, the tribunal dismissed the application and ordered that the applicant pay the respondent's costs as agreed or assessed.