The Owners – Strata Plan No 87265 v Saaib; The Owners – Strata

[2021] NSWSC 150

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Agency
2. › whether implied actual authority to enter building contract
3. › where builder did not sign contract
4. › where numerous documents signed in name of builder
5. › whether builder authorised nephew to enter into contract on his behalf
6. › no authority found from the circumstances
1. Building and Construction
2. › Home Building Act 1989 (NSW)
3. › statutory warranties
4. › whether defects part of lot property or common property
1. Consumer Law
2. › misleading or deceptive conduct
3. › causation or reliance
4. › where home warranty insurance issued due to misleading representations made by insurance broker
5. › whether representations sufficiently causative of loss to Owners Corporation
1. Evidence
2. › tendency evidence
3. › conduct
4. › whether evidence of builder performing favours for friends characterised as tendency evidence of conduct regarding commercial development