NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Howell v Talevski [2021] NSWSC 1133 Hearing dates: 16, 18 and 20 August 2021; further submissions 26 and 30 August 2021 Date of orders: 07 September 2021 Decision date: 07 September 2021 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Proceedings not out of time; defects found as set out in attached schedule Catchwords: BUILDING AND CONSTRUCTION – residential building work – construction of duplex – whether proceedings brought out of time – whether building work carried out with due care and skill Legislation Cited: Home Building Act 1989 (NSW) Home Building Amendment Act 2011 (No 52) (NSW) Cases Cited: Commonwealth v Verwayen (1990) 170 CLR 394; [1990] HCA 39 Hadley v Baxendale (1854) 2 CLR 517; [1843-60] All ER Rep 461 McDonald v Dennys Lascelles Ltd (1933) 48 CLR 457; [1933] HCA 25 Price v Spoor [2021] HCA 20 Scripture Union Children's Special Service Mission v Prime Industrial Pty Ltd [2005] NSWSC 736 The Owners-Strata Plan 89005 v Stromer [2021] NSWSC 853 Texts Cited: J D Heydon, Heydon on Contract (2019, Thomson Reuters) Category: Principal judgment Parties: Jenny Howell (Plaintiff) Peter Talevski (Defendant) Representation: Counsel: F P Hicks SC with B Anderson (Plaintiff) T Bland (Defendant)
Solicitors: ITC Law (Plaintiff) Benjamin & Robinson Lawyers (Defendant) File Number(s): 2018/301956
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