The Owners Units Plan No 1917 v Koundouris

[2016] ACTSC 96

Supreme Court of the ACT13 May 2016

Built by Barristers,
For Australian Law.

1. Building Contracts
2. › Building Act 2004 (ACT) s 88
3. › warranties implied into “every contract for the sale of a residential building”
4. › changes to “prescribed period”
5. › end date for warranties in contracts of sale
6. › period varies depending on whether defect is in “non-structural elements” or “structural elements”
7. › “structural element” broadly defined
1. Unit Titles
2. › entitlement of owners corporation to bring proceedings for breach of warranties under Building Act 1972 (ACT) and Building Act 2004 (ACT)
3. › entitlement of unit owners to recover as damages proportional share of amounts paid by owners corporation
1. Unit Titles
2. › maintenance obligations of owners corporation under Unit Titles Act 1970 (ACT) and Unit Titles (Management) Act 2011 (ACT)
3. › significance of boundaries of units
4. › boundary runs along the centre of the relevant floor, wall or ceiling
5. › expansion of obligations of owners corporation to “defined parts” of the building
6. › extent of obligation
7. › whether that includes waterproofing to slabs
1. Statutory Interpretation
2. › Limitation Act 1985 (ACT) s 40
3. › extension of limitation period for action in relation to latent damage to property
4. › provision not limited to cases in tort
5. › section permits extension of time for causes of action in contract