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The Court found negligence in sheet piling works that damaged the Rayman home, rejected a non-delegable duty argument, and awarded damages plus interest.
The Court held that the $500,000 expert-determination threshold in GC21 applies to each Issue separately, stayed the barred claims, and ordered costs forthwith.
Construction contract dispute over delays, EOTs, practical completion, variations and delay costs at a remote WA power station project.
Hynash Constructions Pty Ltd v BRP Industries Pty Ltd [2025] NSWCA 14
The Court of Appeal refused leave, or dismissed the appeal, on a Security of Payment dispute. A prepayment under the subcontract could not be raised as a defence without a payment schedule.
The Owners - Strata Plan No 87639 v Karimbla Properties (No4) Pty Ltd (No 2) [2025] NSWSC 107
The Supreme Court of NSW dismissed builders’ security-for-costs motion against a strata owners corporation, finding no reason to believe it could not meet any costs order.
Bettar Holdings Pty Ltd trading as Hunt Collaborative v RWC Brookvale Investments Pty Ltd as trustee for Brookvale Development Trust [2025] NSWDC 11
The District Court dismissed Hunt Collaborative’s claim under the NSW Security of Payment Act, finding no contract or arrangement with RWC, no valid service, and an insufficient payment claim.
The Owners - Strata Plan No 95242 v Karimbla Properties (No 42) Pty Ltd [2024] NSWSC 1625
The court granted the plaintiff leave to adduce further expert evidence about defects in uninspected units, but imposed conditions, a timetable and costs consequences.
The High Court held that NSW proportionate liability can apply to a statutory duty claim under s 37 of the DBPA, and damages are assessed under that regime.
Innovative Builders and Engineers Pty Ltd v Shah [2024] NSWCATAP 253
Appeal allowed from an NCAT damages order in a residential building dispute. The Panel set aside findings against the director and remitted the matter for rehearing.
The Owners - Strata Plan No 89791 v FKP Constructions Pty Ltd [2024] NSWSC 1432
The Court made no order as to costs after a dispute over document production for expert reports, criticising combative correspondence and failure to seek proper pre-evidence disclosure.
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