The Owners – Strata Plan

[2024] NSWSC 1494

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Building and Construction
2. › claim for breach of statutory warranties under Home Building Act 1989 (NSW)
3. › proceedings on foot for 8 years
4. › before the Court on 52 occasions
5. › parties reach agreement ‘in principle’ for builder to rectify defects but no final agreement reached more than a year later
6. › owner refuses access to builder to rectify defects
7. › referral to engineer/barrister
8. › 13-day reference
9. › referee provides liability and quantum reports totalling 440 pages.
1. Referee
2. › reference made to facilitate just, quick and cheap resolution
3. › principles at [5]-[9]
4. › whether to adopt report
5. › principles at [10]-[14]
6. › whether interests of justice served.
1. Mitigation
2. › obligation on plaintiff to act reasonably
3. › principles and case law review at [38]-[53]
4. › Owners v Di Blasio Constructions considered
5. › whether plaintiff owes duty to allow builder to minimise its damages.
1. Scott Schedules
2. › history and purpose
3. › amendment, at [114]-[118]
4. › whether referee made ruling that defects not in Scott Schedule would not be considered
5. › whether referee denied natural justice by considering defects not in Scott Schedule.