The Owners - Strata Plan No. 69567 v Baseline Constructions Pty Ltd (in external administration) [2013] NSWSC 409

The Owners - Strata Plan No. 69567 v Baseline Constructions Pty Ltd (in external administration) [2013] NSWSC 409

By operation of s 18D(1A) of the Home Building Act 1989 (as amended in 2010), Baron was deemed always to have had the same rights concerning statutory warranties as a party to the building contract. Therefore, Baseline did the work 'on behalf of' Baron within the meaning of the Act, making Baron a developer and entitling the Owners Corporation, as successor in title, to benefit from the statutory warranties against Baron.

Jurisdiction
Australia
Judgment Date
24 April 2013
Procedural Posture
Separate Question / Determination of Separate Question Before Trial
Outcome
Plaintiff entitled to benefit of statutory warranties against Baron; not entitled to duty of care; parties to bring in short minutes for orders.
Legal Topics
['statutory Warranties' 'home Building Act 1989' 'liability of Non Contracting Owner' 'successor in Title' 'developer Status']
['building and Construction' 'equity'] ['statutory Warranties' 'home Building Act 1989' 'liability of Non Contracting Owner' 'successor in Title' 'developer Status']

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Procedural Posture

Separate Question / Determination of Separate Question Before Trial

Legal Issues

  1. 1 ['Whether the Owners Corporation is entitled to the benefit of statutory warranties against Baron under the Home Building Act 1989' "Whether Baron is a 'developer' for the purposes of the Act, i.e. the party on whose behalf the residential building work was done"]

Ratio Decidendi

By operation of s 18D(1A) of the Home Building Act 1989 (as amended in 2010), Baron was deemed always to have had the same rights concerning statutory warranties as a party to the building contract. Therefore, Baseline did the work 'on behalf of' Baron within the meaning of the Act, making Baron a developer and entitling the Owners Corporation, as successor in title, to benefit from the statutory warranties against Baron.

Court Disposition

Plaintiff entitled to benefit of statutory warranties against Baron; not entitled to duty of care; parties to bring in short minutes for orders.

Orders

  • []