13-15 FRANCIS STREET DEE WHY

APPEALS — leave to appeal — interlocutory decisions — adoption of report by referee — leave to appeal refused BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — whether application brought out of time — construction of s 3B – distinction between “completion” and “practical completion”

BUILDING AND CONSTRUCTION — builder retained to repair defects caused by original builder — whether proceedings for breach of statutory warranty commenced within 7 years after completion of work — s18E, Home Building Act 1989 (NSW) — date of completion of work — s3B, Home Building Act — legislative history – distinction between completion and practical completion – meaning of “completion” — interaction between s3B(2) and (3). REFEREE — separate question — whether to adopt report — error of law in application of section 3B — failed to consider when contractor last attended site to carry out work under section 3B(3)(b) — final date on which contractor attended site was earlier than date of practical completion under section 3B(2) — the earliest date applies — proceedings out of time.