The Owners – Strata Plan 65111 v Meriton Apartments Pty Ltd [2016] NSWSC 650

The Owners – Strata Plan 65111 v Meriton Apartments Pty Ltd [2016] NSWSC 650

The Settlement Deed required Meriton to carry out the Rectification Works in accordance with the methodology and requirements in Annexure A, particularly the Taylor and Wynn-Jones documents, so as to achieve the Designated Standard. The Designated Standard was full compliance with the BCA deemed to satisfy fire and life safety provisions except for the Excepted Matters identified in the Taylor Alternative Solution. The Certifier's role was to supervise, inspect and certify achievement of that standard, not to authorise work inconsistent with it. The referee therefore correctly construed the Settlement Deed.

Jurisdiction
Australia
Judgment Date
20 May 2016
Procedural Posture
Proceedings Claiming Damages for Defects Alleged to Exist in Common Property, With the Proceedings Referred for Inquiry and Report Under Uniform Civil Procedure Rules 2005 (nsw) Pt 20 R 20.14 / Preliminary Judgment on the Proper Construction of the Settlement Deed for the Purpose of Determining Adoption of Part of the Referee's Report
Outcome
The referee correctly construed the Settlement Deed.
Legal Topics
['reference by Court' "adoption of Referee's Report" 'construction of Settlement Deed' 'residential Building Work' 'fire and Life Safety Defects' 'building Code of Australia Deemed to Satisfy Provisions' 'certifier Powers Under Settlement Deed']
['civil Procedure' 'contract Law' 'building and Construction' 'equity Technology and Construction List'] ['reference by Court' "adoption of Referee's Report" 'construction of Settlement Deed' 'residential Building Work' 'fire and Life Safety Defects' 'building Code of Australia Deemed to Satisfy Provisions' 'certifier Powers Under Settlement Deed']

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Procedural Posture

Proceedings Claiming Damages for Defects Alleged to Exist in Common Property, With the Proceedings Referred for Inquiry and Report Under Uniform Civil Procedure Rules 2005 (nsw) Pt 20 R 20.14 / Preliminary Judgment on the Proper Construction of the Settlement Deed for the Purpose of Determining Adoption of Part of the Referee's Report

Legal Issues

  1. 1 ['Whether the referee erred in law in construing the Settlement Deed' 'What Meriton promised to do under the Settlement Deed in carrying out the Rectification Works' 'Whether the Designated Standard required full BCA DTS compliance except for the Excepted Matters identified in the Taylor Alternative Solution' 'Whether the Certifier could give directions allowing Rectification Works to be carried out inconsistently with achievement of the Designated Standard']

Ratio Decidendi

The Settlement Deed required Meriton to carry out the Rectification Works in accordance with the methodology and requirements in Annexure A, particularly the Taylor and Wynn-Jones documents, so as to achieve the Designated Standard. The Designated Standard was full compliance with the BCA deemed to satisfy fire and life safety provisions except for the Excepted Matters identified in the Taylor Alternative Solution. The Certifier's role was to supervise, inspect and certify achievement of that standard, not to authorise work inconsistent with it. The referee therefore correctly construed the Settlement Deed.

Court Disposition

The referee correctly construed the Settlement Deed.

Orders

  • ["The parties were invited to consider the implications of the conclusion for adoption of the referee's report."]