Honeywood as executrix of the ethe late Neville Honeywood v Munnings & Anor

(2006) 67 NSWLR 466; [2006] NSWCA 215

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Res judicata
3. › Merger of cause of action in judgment
4. › Building contract
5. › Breach by builder
6. › Whether second claim for further defects barred where judgment obtained on same cause of action
7. › Whether knowledge of defects relevant
1. Statutes
2. › Construction
3. › Parliament mistakes existing law
4. › Whether erroneous Parliamentary assumption as to existing law operates as positive enactment
5. › Home Building Act 1989 (NSW), s 18D
1. Building and Construction
2. › Residential building work
3. › Statutory warranties
4. › Successor in title
5. › Whether s 18D of Home Building Act 1989 (NSW) abrogates res judicata principle as between original parties
6. › Home Building Act 1989 (NSW), ss 18B, 18D, 18E, 18G

Quick Take

A proprietor who obtains judgment against a builder for defective building work cannot bring a second action for further defects arising from the same building contract, even if the further defects were not known at the time of the first action. Section 18D of the Home Building Act 1989 (NSW) confers rights on successors in title only and does not displace this res judicata principle as between the original parties. The scope of the s 18D exception for work and materials 'in respect of which' the predecessor has enforced the warranty remains unresolved.