The Owners of Strata Plan 93357 v Bloc (ACT) Pty Ltd [2024] NSWSC 239

The Owners of Strata Plan 93357 v Bloc (ACT) Pty Ltd [2024] NSWSC 239

The limitation issue under the Home Building Act 1989 (NSW) is not sufficiently clear to be determined summarily; the claim was not struck out. Particularisation of defects and preparation of a schedule outlining necessary details under both Acts is required.

Jurisdiction
Australia
Judgment Date
08 March 2024
Procedural Posture
Technology and Construction Dispute / Interlocutory Application to Strike Out and for Particularisation
Outcome
Application to strike out dismissed; parties to confer and agree on orders to give effect to the reasons; each party to bear own costs
Legal Topics
['limitation Period Under Home Building Act 1989 (nsw)' "statutory Construction of 'completion' and 'major Defect'" 'particularisation of Pleadings' 'strike Out Applications' 'defects in Residential Building Works']
['limitation of Actions' 'civil Procedure' 'construction Law'] ['limitation Period Under Home Building Act 1989 (nsw)' "statutory Construction of 'completion' and 'major Defect'" 'particularisation of Pleadings' 'strike Out Applications' 'defects in Residential Building Works']

Case Brief

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Procedural Posture

Technology and Construction Dispute / Interlocutory Application to Strike Out and for Particularisation

Legal Issues

  1. 1 ['Whether proceedings under Home Building Act 1989 (NSW) are out of time under limitation provisions' "Whether interim occupation certificate authorised occupation and use of 'whole of the building' for limitation purposes" "Adequacy of pleadings and particularisation of 'major defect' under s 18E(4) of Home Building Act 1989 (NSW)" 'Whether schedule particularising risks and management steps is required under Design and Building Practitioners Act 2020 (NSW)']

Ratio Decidendi

The limitation issue under the Home Building Act 1989 (NSW) is not sufficiently clear to be determined summarily; the claim was not struck out. Particularisation of defects and preparation of a schedule outlining necessary details under both Acts is required.

Court Disposition

Application to strike out dismissed; parties to confer and agree on orders to give effect to the reasons; each party to bear own costs

Orders

  • ['Parties to confer and propose minutes of order to give effect to judgment' 'No order as to costs; each party to bear their own costs']