The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2022] NSWSC 659

Supreme Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2022] NSWSC 659 Hearing dates: 20 May 2022 Date of orders: 24 May 2022 Decision date: 24 May 2022 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: A person "having substantive control over the carrying out of any work" for the purposes of clause (d) of the definition of "construction work" in s 36(1) of the Design and Building Practitioners Act 2020 (NSW) is a person who is in a position where it is able to control how the work is carried out; a "person" referred to in s 37(1) of the Act includes the owner of the land in relation to which the construction work is carried out Catchwords: BUILDING AND CONSTRUCTION – Design and Building Practitioners Act 2020 (NSW) – proper construction of definition of "construction work" – proper construction of "otherwise having substantive control over the carrying out of any work" – proper construction of s 37(1) – whether "person" includes the "owner of the land in relation to which the construction work is carried out" Legislation Cited: Design and Building Practitioners Act 2020 (NSW) Design and Building Practitioners Bill 2019 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Home Building Act 1989 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: The Owners – Strata Plan No 87060 v Loulach Developments Pty Ltd (No 2) [2021] NSWSC 1068 Category: Procedural rulings Parties: The Owners – Strata Plan No 84674 (Plaintiff) Pafburn Pty Limited (First Defendant) Madarina Pty Limited t/as c/- Finn Warner and Associates Pty Limited (Second Defendant) Representation: Counsel: D Weinberger (Plaintiff) A Di Francesco (Defendants)