Building: Residential Home Building Dispute - Defective Work (Owner) - Claim Over $500,000 - Transfer to District or Supreme Court

This fork operates in the NSW District Court (claims up to $1,250,000) or NSW Supreme Court (unlimited jurisdiction), depending on the total claim quantum. Full court procedures apply under the Evidence Act 1995 (NSW), including formal pleadings, discovery, and the requirement to brief counsel.

Written advice is given to the client on both options, and written instructions are obtained. If the client elects to transfer, the Promina decision is applied: even if the claim exceeded $500,000 at the time the NCAT application was originally filed, the Tribunal can still transfer the proceedings to a court (Promina Design and Construction v the Owners Strata Plan No 97449 [2023] NSWCATAP 252), provided the applicant shows a clear intention to pursue the higher amount and credible evidence that the claim is likely to exceed the cap. A fresh Statement of Claim is needed only where no NCAT application is on foot. Whether or not the quantum was known at filing (for example where it was not known to exceed $500,000 until expert costing was completed), a Transfer Application is filed under Sch 4 cl 6 of the Civil and Administrative Tribunal Act 2013 (NSW) supported by an expert affidavit. The Scott Schedule is reformatted as a formal court pleading schedule. Court case management directions are obtained.

Key legislation: Civil and Administrative Tribunal Act 2013 (NSW) Sch 4 cl 6 (transfer of proceedings to a court); Home Building Act 1989 (NSW) ss 18B and 18E (implied warranties and limitation periods apply equally in court); Evidence Act 1995 (NSW) (applies in full in both courts). Promina Design and Construction v the Owners Strata Plan No 97449 [2023] NSWCATAP 252: even if the claim exceeded $500,000 before the NCAT application was ever filed, the Appeal Panel held that the Tribunal can transfer the proceedings to a court under Sch 4 cl 6 of the Civil and Administrative Tribunal Act 2013 (NSW) even where it lacks jurisdiction; the party seeking transfer must show a clear intention to pursue the higher amount and credible evidence that the claim is likely to exceed the cap. District Court filing: claims $500,001 to $1,250,000. Supreme Court filing: claims over $1,250,000.

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