The Owners Strata Plan 61424 & Anor v Reed Constructions Pty Limited [2009] NSWSC 692

The Owners Strata Plan 61424 & Anor v Reed Constructions Pty Limited [2009] NSWSC 692

The first plaintiff is entitled to the benefit of a statutory warranty enforceable against the defendant by operation of section 18D of the Home Building Act 1989, as entitlement is determined by whether the work was done on behalf of that person, and the statutory scheme avoids the requirement of privity of contract.

Jurisdiction
Australia
Judgment Date
24 July 2009
Procedural Posture
Procedural and Other Rulings / Determination of Separate Question
Outcome
First plaintiff was a person entitled to the benefit of a statutory warranty enforceable against the defendant by operation of section 18D of the Home Building Act 1989.
Legal Topics
['statutory Warranties' 'home Building Act 1989' 'privity of Contract' 'successor in Title' 'insurance for Residential Building Work']
['statutory Construction' 'building and Construction Law' 'property Law'] ['statutory Warranties' 'home Building Act 1989' 'privity of Contract' 'successor in Title' 'insurance for Residential Building Work']

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Procedural Posture

Procedural and Other Rulings / Determination of Separate Question

Legal Issues

  1. 1 ['Whether the first plaintiff is a person entitled to the benefit of a statutory warranty enforceable against the defendant by operation of section 18D of the Home Building Act 1989' 'What are the circumstances that entitle a person to the benefit of a statutory warranty under section 18D' 'Whether the statutory scheme avoids the requirement of privity of contract']

Ratio Decidendi

The first plaintiff is entitled to the benefit of a statutory warranty enforceable against the defendant by operation of section 18D of the Home Building Act 1989, as entitlement is determined by whether the work was done on behalf of that person, and the statutory scheme avoids the requirement of privity of contract.

Court Disposition

First plaintiff was a person entitled to the benefit of a statutory warranty enforceable against the defendant by operation of section 18D of the Home Building Act 1989.

Orders

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