An owners corporation holding a leasehold interest in common property under a leasehold strata scheme is not a 'successor in title' to the freeholder for the purposes of enforcing statutory warranties under the Home Building Act 1989 (NSW), leaving such owners corporations without a remedy under Part 2C of the Act for building defects.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.