The Owners - Strata Plan No 84741 v Nazero Constructions Pty Limited & Ors [2016] NSWSC 832

The Owners - Strata Plan No 84741 v Nazero Constructions Pty Limited & Ors [2016] NSWSC 832

The expression 'the parties' in clause 3.1 of the Deed refers only to Iris and Nazero, not to Mr Younan. Therefore, Mr Younan is not released under the Deed from liability as guarantor for those obligations of Nazero that survive the Deed.

Jurisdiction
Australia
Judgment Date
22 June 2016
Procedural Posture
Civil / Determination of Separate Question
Outcome
separate question answered in the negative
Legal Topics
['deeds' 'guarantee Liability' 'contract Construction' 'statutory Warranties']
['equity' 'construction Law'] ['deeds' 'guarantee Liability' 'contract Construction' 'statutory Warranties']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Determination of Separate Question

Legal Issues

  1. 1 ["Whether the expression 'the parties' in clause 3.1 of the Deed of variation and release includes the guarantor, Mr Younan, thereby releasing him from liability under the construction contract"]

Ratio Decidendi

The expression 'the parties' in clause 3.1 of the Deed refers only to Iris and Nazero, not to Mr Younan. Therefore, Mr Younan is not released under the Deed from liability as guarantor for those obligations of Nazero that survive the Deed.

Court Disposition

separate question answered in the negative

Orders

  • ["The answer to the separate question is 'no'." 'The matter is listed for directions in the Technology & Construction List on 1 July 2016.']