Rialto Sports Pty Limited v Cancer Care Associates Pty Limited; CCA Estates Pty Limited; Davjul Holdings Pty Limited; Armmam Pty Limited

• 1. Contract
  2. › Construction
  3. › Off the plan contracts for sale of land
  4. › Vendor's covenant to construct building in proper and workmanlike manner
  5. › Whether covenant was only a 'best endeavours' obligation
  6. › Whether vendor liable for defective work by builder engaged to perform vendor's obligation
• 1. Contract
  2. › Construction
  3. › Merger on completion
  4. › Off the plan contracts for sale of land
  5. › Whether good workmanship covenant merged on completion
  6. › Absence of express statement that covenant survived completion
  7. › Nature of subject matter of secondary obligation as to good workmanship
  8. › Whether performance could be investigated prior to completion
• 1. Contract
  2. › Damages
  3. › Strata development
  4. › Lot owners' standing to claim damages for defects to common property
  5. › Whether lot owners can claim proportionate share of cost to rectify common property
  6. › Whether damage to common property is infringement of lot owner's proprietary interest as equitable tenant in common
  7. › Whether lot owners can recover costs of rectification where works have not been undertaken
  8. › Strata Schemes Management Act 2015 (NSW), s 106
• 1. Contract
  2. › Assignment
  3. › Assignment of chose in action
  4. › Whether assignee had genuine substantial pre-existing commercial interest in the suit
  5. › Whether claim time barred where plaintiff substituted
  6. › Effect of substitution order under UCPR r 6.32
  7. › Uniform Civil Procedure Rules 2005 (NSW), rr 6.24, 6.28, 6.32

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