Ibrahim v Paragon Constructions (NSW) Pty Ltd; Paragon Constructions (NSW) Pty Ltd v Ibrahim

In the matter of Ibrahim v Paragon Constructions (NSW) Pty Ltd and Paragon Constructions (NSW) Pty Ltd v Ibrahim, the dispute involves the construction of a residential home in Sydney, completed in October 2010, and subsequent claims for defects and quantum meruit by both the homeowner and the builder. The case was heard by the New South Wales Civil and Administrative Tribunal (NCAT). The primary issues before the Tribunal were the jurisdiction to hear the homeowner's application for major defects under section 18E of the Home Building Act 1989, and the extent of retrospectivity of the 2014 amendments of the same section. Additionally, the Tribunal had to determine the period within which the builder could bring a quantum meruit claim under section 48K.

The Tribunal found that it had jurisdiction to hear the homeowner's application for major defects as it was filed within the statutorily prescribed period. The 2014 amendments of section 18E were held to apply retrospectively to building works completed before 31 January 2012. The Tribunal ruled that the statutory period for bringing claims under the amended section 18E for works completed before this date was four years from the date of practical completion, or six years if the homeowner did not reside in the home for at least six months following practical completion. Regarding the builder's quantum meruit claim, the Tribunal determined that it could only be brought within six years of the date of practical completion.

The Tribunal made several orders in the case. Firstly, it found that it had jurisdiction to hear and determine the homeowner’s application HB 15/52616. Secondly, it found that it had jurisdiction to hear and determine the builder’s application HB 15/67446. These findings allow both parties to proceed with their respective claims within the timeframes established by the Tribunal.