The Owners of Strata Plan 84879 v Ex Parte JMA Developments Pty Ltd & Anor [2017] NSWDC 424

The Owners of Strata Plan 84879 v Ex Parte JMA Developments Pty Ltd & Anor [2017] NSWDC 424

The property constructed exhibited defects in water penetration, render, waterproofing, fire safety, and compliance with statutory requirements, amounting to breaches of the statutory warranties under the Home Building Act 1989. The developer, as 'successor in title', is liable to the owners' corporation for these breaches, and judgment is entered for the plaintiff for the quantified losses plus interest.

Jurisdiction
Australia
Judgment Date
07 August 2017
Procedural Posture
Civil / Verdict and Judgment
Outcome
Judgment for the plaintiff against the second defendant.
Legal Topics
['statutory Warranties' 'defective Building Works' 'liability of Developer' 'remedial Works' 'interest Calculation']
['contracts' 'building and Construction'] ['statutory Warranties' 'defective Building Works' 'liability of Developer' 'remedial Works' 'interest Calculation']

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Procedural Posture

Civil / Verdict and Judgment

Legal Issues

  1. 1 ['Whether the property constructed by the builder contains defects' 'Whether those defects constitute breaches of the statutory warranties under the Home Building Act 1989' "Whether the developer is liable to the owners' corporation for those breaches"]

Ratio Decidendi

The property constructed exhibited defects in water penetration, render, waterproofing, fire safety, and compliance with statutory requirements, amounting to breaches of the statutory warranties under the Home Building Act 1989. The developer, as 'successor in title', is liable to the owners' corporation for these breaches, and judgment is entered for the plaintiff for the quantified losses plus interest.

Court Disposition

Judgment for the plaintiff against the second defendant.

Orders

  • ['Second defendant to pay plaintiff $835,400.' "Second defendant to pay plaintiff's costs."]