Under s 18E of the Home Building Act 1989, the limitation period for breach of statutory warranty commences when the specific work to which the damage relates was completed, not necessarily the date of practical completion of the works as a whole. A developer excluded from cover under a home warranty insurance policy is not a co-insured, and the insurer may exercise subrogation rights against the developer. An applicant seeking to terminate a DOCA to enable liquidator investigations must show more than a speculative prospect of asset recoveries; the court will consider the opportunity the applicant has had to adduce evidence supporting the practical utility of further investigations.
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