The Owners - Strata Plan No 61162 v Lipman; The Owners - Strata Plan No 61162 v Building Insurers' Guarantee Corporation [2014] NSWSC 482

The Owners - Strata Plan No 61162 v Lipman; The Owners - Strata Plan No 61162 v Building Insurers' Guarantee Corporation [2014] NSWSC 482

The referee's approach to determining what work Lipman performed was valid; there was ample evidence to support conclusions on fire safety and air conditioning defects regardless of omitted references. Interest is to be allowed at the prescribed rate as no unreasonable delay or injustice to defendants was established.

Source-derived case information.

Parties
Plaintiff: The Owners - Strata Plan No. 61162; Defendant: Lipman Pty Limited; Defendant: Building Insurers' Guarantee Corporation
Jurisdiction
Australia
Judgment Date
24 March 2014
Procedural Posture
Application to Adopt Referee's Report / Post Referee Report Adoption Hearing
Outcome
Report of referee adopted with agreed variations; interest to be allowed in accordance with the rules; costs reserved.
Legal Topics
Referees' Reports, Adoption of Referee's Report, Prejudgment Interest, Procedural Delays, Implied Statutory Warranties
Building and Construction Law Referees' Reports Adoption of Referee's Report Prejudgment Interest Procedural Delays Implied Statutory Warranties

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Parties

The Owners - Strata Plan No. 61162

Plaintiff

Lipman Pty Limited

Defendant

Building Insurers' Guarantee Corporation

Defendant

Procedural Posture

Application to Adopt Referee's Report / Post Referee Report Adoption Hearing

Legal Issues

  1. 1 Whether the referee took the correct approach in reaching his determination as to defective building works
  2. 2 Whether the referee's omission to deal with certain documents invalidated his conclusions
  3. 3 Whether prejudgment interest should be reduced due to delay

Ratio Decidendi

The referee's approach to determining what work Lipman performed was valid; there was ample evidence to support conclusions on fire safety and air conditioning defects regardless of omitted references. Interest is to be allowed at the prescribed rate as no unreasonable delay or injustice to defendants was established.

Court Disposition

Report of referee adopted with agreed variations; interest to be allowed in accordance with the rules; costs reserved.

Orders

  • Order in accordance with prayer one of the plaintiff's notice of motion dated 7 February 2014.
  • Parties to bring in a form of order within seven days setting out the judgment amount.