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Auf die Berufung der Hauseigentümer gegen die Entscheidung zur Baufehler- und Zertifikatsfrage wurde keine Leave gewährt; die Berufung wurde abgewiesen.
Appeal Panel dismissed most of a builder’s appeal in a residential building dispute, refusing fresh evidence and upholding rejection of a quantum meruit claim.
The Court upheld an appeal and substituted a Building Work Rectification Order after the parties reached agreement at a conciliation conference.
The Court dismissed a club’s application to stay enforcement of a SOPA judgment, finding no catastrophic prejudice, no strong basis for stay, and delay against relief.
The Court upheld related development and building certificate appeals for a Lugarno dwelling, approving amended plans and ordered consent and certification.
The Owners – Strata Plan 87003 v Raysons Constructions Pty Ltd [2025] NSWSC 66
The Court allowed an appeal about NCAT jurisdiction and statutory warranties, holding the Appeal Panel erred in treating an obvious slip in reasons literally.
The Owners - Strata Plan No 87639 v Karimbla Properties (No4) Pty Ltd [2025] NSWSC 58
The court granted leave to amend pleadings in a large strata defects case, but ordered the amendments to take effect only from the date of the application.
NSW Self Insurance Corporation v CN1 Pty Limited [2025] NSWCATAP 27
The Appeal Panel held CN1 was a developer under s 3A of the Home Building Act, found the Tribunal erred in construing “residential development,” and dismissed the claim.
A & M Telecommunications Pty Ltd trading as SAWWA ACN 146873289 v WCED Pty Ltd [2025] NSWDC 7
The District Court dismissed a builder’s summary judgment motion under the NSW security of payment legislation, finding the defendant’s defences were arguable.
Harlech Enterprises Pty Ltd v Beno Excavations Pty Ltd [2025] NSWCA 5
The Court of Appeal granted leave but dismissed Harlech’s appeal, upholding restitution after a Security of Payment judgment was set aside.
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