EPA Act
Before looking at the Bandelle decision, s 6.20 of the EPA Act
provides a long-stop limitation period of 10 years for
any loss arising from defective building works, irrespective of
when defects become apparent. Essentially, s 6.20 prevents any
person from bringing civil proceedings for loss or damage arising
from defective work if the works were completed more than 10 years
prior.
The intent of this provision is stop parties bringing actions
for allegedly defective works well after those works were
completed.
Background
On 2 January 2017, the Respondent, Sydney Capitol Hotels
occupied level 5 of a building located on George St, Sydney
(
Building), and had occupied this space since
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