The Owners – Strata Plan No 89074 v Ceerose Pty Ltd [2024] NSWSC 1494

The Owners – Strata Plan No 89074 v Ceerose Pty Ltd [2024] NSWSC 1494

The referee's reports were thorough and analytical; no error of law, principle, or manifest unreasonableness was found in determining the owner's refusal to permit access was reasonable and costs claimed were recoverable. The interests of justice are served by adoption of the referee's reports (subject to clerical corrections), and damages should be assessed according to standards at the contract date with Scott Schedule and pleaded particulars forming the basis for loss.

Parties
Plaintiff: The Owners – Strata Plan No 89074; First Defendant: Ceerose Pty Ltd; Second Defendant: Prisand Investments Pty Ltd
Jurisdiction
Australia
Judgment Date
26 November 2024
Procedural Posture
Building Defects Claim / Post Referee Report, Orders for Adoption and Judgment
Outcome
Judgment for plaintiff; adoption (with variation) of referee reports.
Legal Topics
Statutory Warranties, Mitigation of Loss, Scott Schedules, Referee Procedure, Assessment of Damages, Adoption of Referee Reports
Building and Construction Law Contract Law Civil Procedure Statutory Warranties Mitigation of Loss Scott Schedules Referee Procedure Assessment of Damages +1 more

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Parties

The Owners – Strata Plan No 89074

Plaintiff

Ceerose Pty Ltd

First Defendant

Prisand Investments Pty Ltd

Second Defendant

Procedural Posture

Building Defects Claim / Post Referee Report, Orders for Adoption and Judgment

Legal Issues

  1. 1 Whether the plaintiff failed to mitigate its loss by refusing the builder access to rectify defects
  2. 2 Whether rectification costs claimed not in the Scott Schedule are recoverable
  3. 3 Whether the correct Australian Standard was applied for bathroom defects

Ratio Decidendi

The referee's reports were thorough and analytical; no error of law, principle, or manifest unreasonableness was found in determining the owner's refusal to permit access was reasonable and costs claimed were recoverable. The interests of justice are served by adoption of the referee's reports (subject to clerical corrections), and damages should be assessed according to standards at the contract date with Scott Schedule and pleaded particulars forming the basis for loss.

Court Disposition

Judgment for plaintiff; adoption (with variation) of referee reports.

Orders

  • Item 88 varied from $44,895 to $38,046
  • Item F1 varied from $17,295 to $14,245