The Owners – Strata Plan No 87265 v Saaib; The Owners – Strata Plan No 87265 v Alexandrova [2021] NSWSC 150

The Owners – Strata Plan No 87265 v Saaib; The Owners – Strata Plan No 87265 v Alexandrova [2021] NSWSC 150

The Owners Corporation failed to establish that Mr Saaib authorised Mr Zaatini to enter into the 4 October Contract or undertook building work for the Marrickville property; thus, the summons against Mr Saaib is dismissed. Ms Alexandrova engaged in misleading and deceptive conduct in submitting insurance applications and related documents without authority and with forged signatures, which caused the Owners Corporation’s loss—the quantified costs of rectification for common property defects are recoverable against her.

Parties
Plaintiff: The Owners – Strata Plan No 87265; First Defendant (2016/382268): Tony Saaib; Defendant (2019/235463): Irena Alexandrova (also known as Irina Alexandrova)
Jurisdiction
Australia
Judgment Date
01 March 2021
Procedural Posture
Principal Judgment / Final Judgment
Outcome
Plaintiff's summons (2016/382268) dismissed. Judgment for Plaintiff against Defendant (2019/235463) for damages.
Legal Topics
Implied Actual Authority, Building Contract, Statutory Warranties, Home Building Act 1989 (nsw), Misleading or Deceptive Conduct, Australian Consumer Law, Strata Schemes Act, Evidence, Tendency Evidence
Agency Building and Construction Consumer Law Evidence Implied Actual Authority Building Contract Statutory Warranties Home Building Act 1989 (nsw) +4 more

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Parties

The Owners – Strata Plan No 87265

Plaintiff

Tony Saaib

First Defendant (2016/382268)

Irena Alexandrova (also known as Irina Alexandrova)

Defendant (2019/235463)

Procedural Posture

Principal Judgment / Final Judgment

Legal Issues

  1. 1 Whether Mr Saaib authorised Mr Zaatini to enter into the 4 October building contract on his behalf
  2. 2 Whether Mr Saaib entered into the 4 October Contract and undertook building work for the Marrickville property
  3. 3 Whether Ms Alexandrova engaged in misleading or deceptive conduct in applying for home warranty insurance

Ratio Decidendi

The Owners Corporation failed to establish that Mr Saaib authorised Mr Zaatini to enter into the 4 October Contract or undertook building work for the Marrickville property; thus, the summons against Mr Saaib is dismissed. Ms Alexandrova engaged in misleading and deceptive conduct in submitting insurance applications and related documents without authority and with forged signatures, which caused the Owners Corporation’s loss—the quantified costs of rectification for common property defects are recoverable against her.

Court Disposition

Plaintiff's summons (2016/382268) dismissed. Judgment for Plaintiff against Defendant (2019/235463) for damages.

Orders

  • The Plaintiff's summons filed 20 December 2016 be dismissed.
  • The Plaintiff pay the First Defendant's costs of the proceedings as agreed or assessed.