The Owners – Strata Plan No 65968 v National Alliance Constructions Pty Limited [2017] NSWSC 62

The Owners – Strata Plan No 65968 v National Alliance Constructions Pty Limited [2017] NSWSC 62

The plaintiff proved, through Mr Ratcliff's evidence supplemented where necessary by the joint report, the defects and incomplete work alleged against the defendant, and proved through Mr Ryan's evidence the cost of rectification. The claimed allowances for home warranty insurance and other common area defects were appropriate, and interest calculated from one month after completion of all work was fair. The plaintiff was therefore entitled to judgment for $652,473.84 including interest.

Jurisdiction
Australia
Judgment Date
06 February 2017
Procedural Posture
Building and Construction Claim for Failure to Perform Work and Defective Work / Principal Judgment
Outcome
Plaintiff to have judgment against defendant for $652,473.84 including interest.
Legal Topics
['defective Residential Building Work' 'incomplete Rectification Work' 'cost of Rectification' 'home Warranty Insurance' 'interest' 'costs']
['building and Construction' 'contract' 'civil Procedure'] ['defective Residential Building Work' 'incomplete Rectification Work' 'cost of Rectification' 'home Warranty Insurance' 'interest' 'costs']

Case Brief

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Procedural Posture

Building and Construction Claim for Failure to Perform Work and Defective Work / Principal Judgment

Legal Issues

  1. 1 ['Whether the defendant failed to perform some work within its contractual scope and performed other work defectively.' 'Whether the plaintiff proved the existence and nature of the defects and incomplete work.' 'Whether the plaintiff proved the cost of rectification, including home warranty insurance and common area defects.' "Whether interest should be awarded on the plaintiff's claim."]

Ratio Decidendi

The plaintiff proved, through Mr Ratcliff's evidence supplemented where necessary by the joint report, the defects and incomplete work alleged against the defendant, and proved through Mr Ryan's evidence the cost of rectification. The claimed allowances for home warranty insurance and other common area defects were appropriate, and interest calculated from one month after completion of all work was fair. The plaintiff was therefore entitled to judgment for $652,473.84 including interest.

Court Disposition

Plaintiff to have judgment against defendant for $652,473.84 including interest.

Orders

  • ['Plaintiff to have judgment against defendant for $652,473.84 including interest.' 'Plaintiff to submit a draft minute of orders necessary to give effect to the reasons.' "Plaintiff's solicitor to attend on the Associate for the purpose of uplifting the court books and other material filed in accordance with the...