Balogh v Cardno (NSW/ACT) Pty Ltd [2021] NSWCATCD 102

Balogh v Cardno (NSW/ACT) Pty Ltd [2021] NSWCATCD 102

Ms Balogh was not a party to the relevant building contract, which was exclusively between Genuine Building Solutions Pty Ltd and The Owners of Strata Plan No. 3755. As such, she could not claim delay damages under that contract against the named respondents.

Jurisdiction
Australia
Judgment Date
15 October 2021
Procedural Posture
Home Building Claim (delay Damages) / Principal Judgment Final Determination
Outcome
Application dismissed
Legal Topics
['home Building Act 1989 (nsw)' 'contractual Breach' 'delay Damages' 'party to Contract' 'strata Schemes Management Act 2015 (nsw)']
['building and Construction' 'strata Law'] ['home Building Act 1989 (nsw)' 'contractual Breach' 'delay Damages' 'party to Contract' 'strata Schemes Management Act 2015 (nsw)']

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Procedural Posture

Home Building Claim (delay Damages) / Principal Judgment Final Determination

Legal Issues

  1. 1 ['Whether Ms Balogh was a party to the building contract and entitled to claim delay damages under it' 'Whether any of the named respondents were in a contractual relationship with Ms Balogh to support the claim for delay damages' 'Whether the claim could alternatively be brought under statutory rights against the Owners Corporation']

Ratio Decidendi

Ms Balogh was not a party to the relevant building contract, which was exclusively between Genuine Building Solutions Pty Ltd and The Owners of Strata Plan No. 3755. As such, she could not claim delay damages under that contract against the named respondents.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']