The Owners – Strata Plan No 83297 v Eastern Construction Group Pty Ltd [2016] NSWSC 387

The Owners – Strata Plan No 83297 v Eastern Construction Group Pty Ltd [2016] NSWSC 387

Judgment for the plaintiff as the defendant contracted and performed the work; the work constituted residential building work under the Act; there were defects proven on the evidence, attributable to the builder, amounting to breaches of statutory warranties. Damages (including rectification cost, interest, and mitigation expenses) were established.

Jurisdiction
Australia
Judgment Date
06 April 2016
Procedural Posture
Civil / Judgment
Outcome
Judgment for plaintiff with costs
Legal Topics
['statutory Warranties' 'defective Building Work' 'residential Building Work']
['building and Construction' 'equity'] ['statutory Warranties' 'defective Building Work' 'residential Building Work']

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether there was a contract between the builder and developer for the building work' 'Whether the work constituted residential building work under the Home Building Act 1989 (NSW)' 'Whether there were defects in the building work' 'Whether statutory warranties under s 18B and rights under s 18D of the Home Building Act 1989 (NSW) were implied and enforceable' 'Quantification of damages for defects']

Ratio Decidendi

Judgment for the plaintiff as the defendant contracted and performed the work; the work constituted residential building work under the Act; there were defects proven on the evidence, attributable to the builder, amounting to breaches of statutory warranties. Damages (including rectification cost, interest, and mitigation expenses) were established.

Court Disposition

Judgment for plaintiff with costs

Orders

  • ['The plaintiff has judgment against the defendant in the sum of $2,290,347.98' "The defendant is to pay the plaintiff's costs of the proceedings"]