Strata Plan 79215 v Nazero Constructions Pty Ltd [2016] NSWSC 231

Strata Plan 79215 v Nazero Constructions Pty Ltd [2016] NSWSC 231

The plaintiff is entitled to damages for the rectification of defects as identified by expert evidence, but not to consequential costs for alternative accommodation and moving as these are not expenses incurred or to be incurred by the owners’ corporation, and no statutory provision imposes such liability on the plaintiff.

Jurisdiction
Australia
Judgment Date
15 March 2016
Procedural Posture
Principal Judgment / Assessment of Damages Following Earlier Judgment for Liability
Outcome
Judgment for the plaintiff against the first defendant; costs order; directions for continuation as against other defendants
Legal Topics
['breach of Statutory Warranties' 'damages Assessment' 'home Building Act 1989 (nsw)' 'building Defects']
['equity' 'building and Construction'] ['breach of Statutory Warranties' 'damages Assessment' 'home Building Act 1989 (nsw)' 'building Defects']

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Procedural Posture

Principal Judgment / Assessment of Damages Following Earlier Judgment for Liability

Legal Issues

  1. 1 ['Assessment of damages for breaches of statutory warranties under Home Building Act 1989 (NSW)' 'Whether expert reports support the damages claimed' 'Whether consequential costs for alternate accommodation and moving are recoverable']

Ratio Decidendi

The plaintiff is entitled to damages for the rectification of defects as identified by expert evidence, but not to consequential costs for alternative accommodation and moving as these are not expenses incurred or to be incurred by the owners’ corporation, and no statutory provision imposes such liability on the plaintiff.

Court Disposition

Judgment for the plaintiff against the first defendant; costs order; directions for continuation as against other defendants

Orders

  • ['Judgment for the plaintiff against the first defendant for damages assessed at $2,638,219.' "First defendant to pay plaintiff's costs of the proceedings relating to the claim against it." 'Proceedings against second to fifth defendants be listed for directions on 3 June 2016 at 12:00PM.']