The Owners - Strata Plan No. 72827 v Isaac [2013] NSWSC 595

The Owners - Strata Plan No. 72827 v Isaac [2013] NSWSC 595

The defendant breached statutory warranties implied under s 18B of the Home Building Act 1989 in relation to defective work in the common property of the strata development; the plaintiff, as owners corporation and successor in title, is entitled to recover as damages the reasonable cost of rectification, being...

Source-derived case information.

Parties
Plaintiff: The Owners - Strata Plan No. 72827; Defendant: Nazih Isaac
Jurisdiction
Australia
Judgment Date
20 May 2013
Procedural Posture
Civil / Judgment After Undefended Hearing
Outcome
Judgment for the plaintiff
Legal Topics
Statutory Warranties, Home Building Act 1989, Defective Building Work, Damages
Building and Construction Equity Statutory Warranties Home Building Act 1989 Defective Building Work Damages

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Parties

The Owners - Strata Plan No. 72827

Plaintiff

Nazih Isaac

Defendant

Procedural Posture

Civil / Judgment After Undefended Hearing

Legal Issues

  1. 1 Whether the defects in the common property amount to breaches of statutory warranties under the Home Building Act 1989
  2. 2 Whether the plaintiff, as owners corporation, is entitled to recover the cost of rectifying defects arising from breaches of statutory warranties

Ratio Decidendi

The defendant breached statutory warranties implied under s 18B of the Home Building Act 1989 in relation to defective work in the common property of the strata development; the plaintiff, as owners corporation and successor in title, is entitled to recover as damages the reasonable cost of rectification, being $1,218,338.

Court Disposition

Judgment for the plaintiff

Orders

  • Judgment for the plaintiff against the defendant in the sum of $1,218,338
  • The defendant is to pay the plaintiff's costs