The Owners – Strata Plan 65111 v Meriton Apartments Pty Ltd [2016] NSWSC 909

The Owners – Strata Plan 65111 v Meriton Apartments Pty Ltd [2016] NSWSC 909

The referee's report was to be adopted in full because the referee had correctly construed the Settlement Deed, cl 6.4(b) did not restrict or remove statutory warranty rights and in any event had no demonstrated effect on adoption of the report, the damages awarded represented the cost of achieving the Designated Standard promised by Meriton and were not shown to be unreasonable, and Meriton did not establish any factual or evidentiary error warranting reconsideration of the referee's technical findings.

Jurisdiction
Australia
Judgment Date
01 July 2016
Procedural Posture
Equity Technology and Construction List; Procedural Ruling on Adoption of Referee's Report / On the Papers, After Preliminary Judgment on Construction of the Settlement Deed
Outcome
Referee's report adopted in full.
Legal Topics
['reference Out to Referee' "adoption of Referee's Report" 'construction of Settlement Deed' 'statutory Warranties' 'measure of Damages for Building Defects' 'rectification Works']
['practice and Procedure' 'building and Construction' 'contract'] ['reference Out to Referee' "adoption of Referee's Report" 'construction of Settlement Deed' 'statutory Warranties' 'measure of Damages for Building Defects' 'rectification Works']

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Procedural Posture

Equity Technology and Construction List; Procedural Ruling on Adoption of Referee's Report / On the Papers, After Preliminary Judgment on Construction of the Settlement Deed

Legal Issues

  1. 1 ['Whether cl 6.4(b) of the Settlement Deed was void by reason of s 18G of the Home Building Act 1989 (NSW).' "Whether the referee's measure of damages for fire and life safety defects should prevent adoption of the report under the principles in Bellgrove v Eldridge and Tabcorp Holdings Pty Ltd v Bowen Investments Pty Ltd." "Whether the referee's findings about BCA performance requirements should be reconsidered before adopting the report."]

Ratio Decidendi

The referee's report was to be adopted in full because the referee had correctly construed the Settlement Deed, cl 6.4(b) did not restrict or remove statutory warranty rights and in any event had no demonstrated effect on adoption of the report, the damages awarded represented the cost of achieving the Designated Standard promised by Meriton and were not shown to be unreasonable, and Meriton did not establish any factual or evidentiary error warranting reconsideration of the referee's technical findings.

Court Disposition

Referee's report adopted in full.

Orders

  • ["Referee's report to be adopted in full." 'The parties were invited to confer and agree on the orders necessary to give effect to these reasons and those of 20 May 2016.']