Strata Plan 92450 v JKN Para 1 Pty Ltd & Anor [2022] NSWSC 958

Strata Plan 92450 v JKN Para 1 Pty Ltd & Anor [2022] NSWSC 958

The Owners Corporation failed to establish that the ACP cladding installed was combustible or that it rendered the building unsuitable or led to breach of statutory warranties; no Alternative Solution under the BCA was attempted but Plaintiff did not prove such compliance could not have been achieved; thus, no breach of statutory warranties and no compensable loss established.

Jurisdiction
Australia
Judgment Date
19 July 2022
Procedural Posture
Civil / Determination of Separate Questions After Trial
Outcome
Plaintiff's claims in respect of the separate questions are not established; Plaintiff to pay costs of the determination and hearing.
Legal Topics
['statutory Warranties' 'home Building Act 1989 (nsw)' 'building Code of Australia Compliance' 'combustible Cladding' 'performance Requirements' 'alternative Solutions' 'rectification and Damages']
['building and Construction Law' 'equity'] ['statutory Warranties' 'home Building Act 1989 (nsw)' 'building Code of Australia Compliance' 'combustible Cladding' 'performance Requirements' 'alternative Solutions' 'rectification and Damages']

Case Brief

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Procedural Posture

Civil / Determination of Separate Questions After Trial

Legal Issues

  1. 1 ['Whether the ACP cladding installed complied with Deemed to Satisfy (DtS) provisions of the BCA' 'Whether cladding is otherwise compliant via Alternative Solution under BCA' 'Whether cladding is composed of material not good and suitable for its purpose' 'Whether cladding resulted in dwellings not reasonably fit for occupation' 'Whether statutory warranties under the Home Building Act 1989 (NSW) were breached' 'Whether Owners Corporation suffered compensable loss or is entitled to damages']

Ratio Decidendi

The Owners Corporation failed to establish that the ACP cladding installed was combustible or that it rendered the building unsuitable or led to breach of statutory warranties; no Alternative Solution under the BCA was attempted but Plaintiff did not prove such compliance could not have been achieved; thus, no breach of statutory warranties and no compensable loss established.

Court Disposition

Plaintiff's claims in respect of the separate questions are not established; Plaintiff to pay costs of the determination and hearing.

Orders

  • ['Separate questions answered as set out in judgment.' 'Plaintiff to pay the costs of and incidental to the determination of the separate questions and this hearing, as agreed or as assessed.']