The Owners – Strata Plan No 85561 v Omaya Holdings Pty Ltd [2021] NSWSC 918

Supreme Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan No 85561 v Omaya Holdings Pty Ltd [2021] NSWSC 918 Hearing dates: 15 July 2021; further written submissions 20 & 21 July 2021 Date of orders: 27 July 2021 Decision date: 27 July 2021 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Plaintiff entitled to judgment Catchwords: BUILDING AND CONSTRUCTION – claim against builder and developer for building defects – claim settled on date of hearing – settlement agreement – provision that rectification works be effected in accordance with remedial contract – provision in settlement agreement that if default occurs judgment to be entered in accordance with pre-signed short minutes of order – whether parties obliged to refer alleged dispute about whether there had been such default to expert determination – whether settlement agreement or remedial contract frustrated Legislation Cited: Home Building Act 1989 (NSW) Texts Cited: P Herzfeld and T Prince, Interpretation 2nd Edition (Thomson Reuters, 2020) Category: Procedural rulings Parties: The Owners – Strata Plan No 85561 (Plaintiff/Applicant) Omaya Holding Pty Ltd (First Defendant/Respondent) Al Maha Pty Ltd (Second Defendant/Respondent) Representation: Counsel: F P Hicks SC (Plaintiff/Applicant) G P McNally SC (Defendants/Respondents)

Solicitors: Bannermans Lawyers (Plaintiff/Applicant) Fortis Law (Defendants/Respondents) File Number(s): 2019/102548