The Owners – Strata Plan 89041 v Galyan Pty Ltd [2019] NSWSC 619

The Owners – Strata Plan 89041 v Galyan Pty Ltd [2019] NSWSC 619

The Builder did not establish that the Owners Corporation acted unreasonably in refusing to allow it back on site to effect repairs prior to 12 September 2017. The Owners Corporation’s stance was reasonable due to lack of a workable scope of works, substantial success in the referee’s report, loss of confidence in the Builder, and the Builder’s aggressive conduct.

Parties
Plaintiff: The Owners – Strata Plan 89041; First Defendant: Galyan Pty Ltd; Second Defendant: ACH Clifford Pty Ltd
Jurisdiction
Australia
Judgment Date
28 May 2019
Procedural Posture
Building Dispute / Post Referee Report; Determination of Costs
Outcome
Defendants to pay plaintiff's costs
Legal Topics
Defective Building Work, Rectification of Defects, Costs – Party/party, Reasonableness of Refusal to Permit Builder to Rectify
Costs Building and Construction Law Defective Building Work Rectification of Defects Costs – Party/party Reasonableness of Refusal to Permit Builder to Rectify

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Parties

The Owners – Strata Plan 89041

Plaintiff

Galyan Pty Ltd

First Defendant

ACH Clifford Pty Ltd

Second Defendant

Procedural Posture

Building Dispute / Post Referee Report; Determination of Costs

Legal Issues

  1. 1 Whether the Owners Corporation acted unreasonably in refusing to allow the Builder back on site to rectify defects prior to 12 September 2017

Ratio Decidendi

The Builder did not establish that the Owners Corporation acted unreasonably in refusing to allow it back on site to effect repairs prior to 12 September 2017. The Owners Corporation’s stance was reasonable due to lack of a workable scope of works, substantial success in the referee’s report, loss of confidence in the Builder, and the Builder’s aggressive conduct.

Court Disposition

Defendants to pay plaintiff's costs

Orders

  • Defendants to pay plaintiff’s costs; precise terms of order to be agreed between parties