The Owners – Strata Plan No 64757 v Sydney Remedial Builders Pty Ltd

[2024] NSWCA 85

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Interlocutory decisions
4. › Adoption of report by referee
5. › Whether proposed appeal raises issue of principle or question of public importance
6. › Supreme Court Act 1970 (NSW), s 101(2)(e)
1. Building and Construction
2. › Home Building Act 1989 (NSW)
3. › Limitation period for breach of statutory warranty
4. › Date of completion of residential building work
5. › Distinction between 'completion' and 'practical completion'
6. › Whether contract providing for 'practical completion' engages s 3B(1) or s 3B(2) and (3)
7. › Home Building Act 1989 (NSW), ss 3B, 18E

Quick Take

Under the Home Building Act, a contract providing for 'practical completion' (in terms substantially equivalent to s 3B(2)) does not engage s 3B(1), and the statutory presumptions in s 3B(3) will apply to determine the date of completion.

Case Details

Citation[2024] NSWCA 85

CourtNSWCA

JurisdictionNew South Wales

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Relies on2

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201017 The defendant relied on the judgment of Elkaim DCJ in Abrahams v DeganNSWSC 556
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