The Owners—Strata Plan No 79707 v ; Trilogy Capital Services Pty Ltd [2014] NSWCATCD 205

The Owners—Strata Plan No 79707 v ; Trilogy Capital Services Pty Ltd [2014] NSWCATCD 205

The applicant is not the immediate successor in title to Trilogy Capital Services Pty Ltd because, at the time the strata plan was registered and ownership vested, TD—not TCS—was the owner of the residential lots. As such, Trilogy Capital Services Pty Ltd is not a 'developer' in relation to the residential building work to the common property of Strata Plan No 79707 for the purposes of the statutory warranties under the Home Building Act 1989.

Jurisdiction
Australia
Judgment Date
06 November 2014
Procedural Posture
Home Building Dispute / Determination of Preliminary Issue
Outcome
Trilogy Capital Services Pty Ltd is not a 'Developer' in relation to the residential building work to the common property of Strata Plan No 79707.
Legal Topics
['developer Definition' 'statutory Warranties' 'successor in Title']
['home Building' 'strata Law'] ['developer Definition' 'statutory Warranties' 'successor in Title']

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Procedural Posture

Home Building Dispute / Determination of Preliminary Issue

Legal Issues

  1. 1 ["Whether Trilogy Capital Services Pty Ltd is a 'developer' in relation to the residential building work to the common property of Strata Plan No 79707 under the Home Building Act 1989" "Whether the applicant is the 'immediate successor in title' to Trilogy Capital Services Pty Ltd for the purposes of statutory warranties"]

Ratio Decidendi

The applicant is not the immediate successor in title to Trilogy Capital Services Pty Ltd because, at the time the strata plan was registered and ownership vested, TD—not TCS—was the owner of the residential lots. As such, Trilogy Capital Services Pty Ltd is not a 'developer' in relation to the residential building work to the common property of Strata Plan No 79707 for the purposes of the statutory warranties under the Home Building Act 1989.

Court Disposition

Trilogy Capital Services Pty Ltd is not a 'Developer' in relation to the residential building work to the common property of Strata Plan No 79707.

Orders

  • ['The matter is to be listed for directions in the event the application is not withdrawn.']