Pollak v Yapp

[2019] NSWCA 150

NSW Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Construction and interpretation
3. › Contract for sale of land
4. › Special conditions
5. › Warranty and disclosure provisions
6. › Whether disclosure that works carried out in accordance with development approval amounted to warranty that all approved works completed
7. › Whether warranty that development consent conditions satisfied required completion of all approved works
1. Contract
2. › Construction and interpretation
3. › Contract for sale of land
4. › Special conditions
5. › Obligation to provide occupation certificate
6. › Whether 'occupation certificate' required final rather than interim certificate
7. › Environmental Planning and Assessment Act 1979 (NSW), ss 109C, 109H
1. Building and Construction
2. › Occupation certificates
3. › Interim and final occupation certificates
4. › Alterations to existing buildings
5. › Whether interim occupation certificate confined to staircase or authorised occupation of whole building
6. › Meaning of 'altered portion' of existing building
7. › Environmental Planning and Assessment Act 1979 (NSW), ss 109C, 109H, 109M, 109N

Quick Take

A contractual obligation to provide 'an occupation certificate' prior to settlement is satisfied by the provision of an interim occupation certificate under s 109H of the Environmental Planning and Assessment Act 1979 (NSW), and in the case of alterations to portions of an existing building, a final occupation certificate does not require completion of all works authorised by the development approval.