The Owners—Strata Plan No 78670 v Cavill Properties Pty Ltd

The Owners—Strata Plan No 78670 commenced proceedings against Cavill Properties Pty Ltd in the Queensland Civil and Administrative Tribunal. The dispute arose out of issues with the completion of building works, specifically in relation to the warranties provided under the Home Building Act. The Owners sought to set aside an order of the Tribunal and to have their application deemed as filed within the requisite time period. Cavill Properties opposed the application on the grounds that it was out of time.

The central legal issue before the court was whether the Owners' application was filed within the prescribed time limits as outlined in section 18E of the Home Building Act 1989. The court also needed to determine whether the Owners' application was sufficiently justified to warrant an extension of time for filing. The court considered whether the Owners had demonstrated exceptional circumstances warranting an extension, and if so, whether it was appropriate to grant such an extension in this case.

The court found that the Owners' application in matter number HB 14/13132 was filed within the specified time period. The court concluded that the Owners had demonstrated exceptional circumstances that warranted an extension of time for filing the application in matter number HB 13/63874. The court set aside the earlier decision and ordered that the two matters be listed together for directions to facilitate the service of evidence.

The court set aside the decision in matter number HB 13/63874 and deemed the application in matter number HB 14/13132 as filed within the requisite time period. The two matters were to be listed together for directions to obtain a timetable for the service of evidence. By consent, there was no order for costs in relation to the preliminary hearing.