Baron Corporation Pty Ltd v Owners of Strata Plan 69567

[2013] NSWCA 238

NSW Court of Appeal

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Interrogate

Catchwords

1. Contracts
2. › Building, engineering and related contracts
3. › Home Building Act 1989 (NSW)
4. › Statutory warranties
5. › Developer liability to successor in title
6. › Whether non-contracting land owner was 'developer'
7. › Whether s 18D(1A) created contractual relationship or deemed owner person 'on whose behalf' work done
8. › Home Building Act 1989 (NSW), ss 3A, 18B, 18C, 18D(1A)
1. Contracts
2. › Building, engineering and related contracts
3. › Home Building Act 1989 (NSW)
4. › Meaning of 'on whose behalf' in s 3A(1)
5. › Whether expression confined to contractual relationships
6. › Home Building Act 1989 (NSW), ss 3A(1), 4(1), 92C, 99(1)
1. Contracts
2. › Construction of contracts
3. › Development agreements
4. › Whether development manager contracted to do 'residential building work'
5. › Effect of clause excluding performance requiring licence not held
6. › Home Building Act 1989 (NSW), ss 4(1), 6(1)(a), 7, 10

Quick Take

Section 18D(1A) of the Home Building Act 1989 (NSW) attributes to a non-contracting land owner the same statutory warranty rights as the contracting party, but does not create a contractual relationship or deem the owner a person 'on whose behalf' work was done for the purposes of s 3A(1). Accordingly, a non-contracting owner who obtains warranty rights under s 18D(1A) does not thereby become a 'developer' liable to successors in title under s 18C. Development agreements that expressly exclude performance of licensed work by an unlicensed party do not constitute contracts for 'residential building work'.