Strata Plan 92450 v JKN Para 1 Pty Ltd & Anor [2022] NSWSC 958

Supreme Court New South Wales

Medium Neutral Citation: Strata Plan 92450 v JKN Para 1 Pty Ltd & Anor [2022] NSWSC 958 Hearing dates: 30 June 2022, 1 July 2022, 7 July 2022 Date of orders: 19 July 2022 Decision date: 19 July 2022 Jurisdiction: Equity - Technology and Construction List Before: Black J Decision: Separate questions answered. Plaintiff to pay the costs of and incidental to the determination of the separate questions and this hearing, as agreed or as assessed. Catchwords: BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Statutory warranty — Proceedings for breach — Where the plaintiff owners corporation seeks a range of relief relating to allegedly combustible cladding on a residential unit block — Where the parties seek the determination of several separate questions — Whether the cladding complied with the Building Code of Australia with respect to combustibility — Whether any statutory warranties were breached in relation to the cladding — Whether the plaintiff suffered assessable loss recoverable against the defendants. Legislation Cited: - Building Products (Safety) Act 2017 (NSW) - Environmental Planning and Assessment Act 1979 (NSW) - Home Building Act 1989 (NSW), s 18B, s 18C, s 18D Cases Cited: - Bellgrove v Eldridge (1954) 90 CLR 613 at 617-618 - Owners – Strata Plan No 74602 v Brookfield Australia Investment Ltd [2015] NSWSC 1916 - Owners Strata Plan 69230 v Kell & Rigby Holdings Pty Ltd [2020] NSWSC 612 - Owners of SP 76888 v Walker Group Constructions Pty Ltd [2016] NSWSC 541 - Owners of Strata Plan No 69312 v Rockdale City Council [2012] NSWSC 1244 - Tabcorp Holdings Ltd v Bowen Investments Pty Ltd (2009) 236 CLR 272 - Tanah Merah Vic Pty Ltd v Owners Corporation No 1 of PS 613436T [2021] VSCA 72 - Taylor Construction Group Pty Ltd v Strata Plan 92888 [2021] NSWSC 1315 - Taylor Construction Group Pty Ltd v Strata Plan No 92888 [2020] NSWCA TAP 163 - Walker Group Constructions Pty Ltd v Tzaneros Investments Pty Ltd (2017) 94 NSWLR 108 - Westpoint Management Ltd v Chocolate Factory Apartments Ltd [2007] NSWCA 253 Category: Principal judgment Parties: Owners SP 92450 (Plaintiff) JKN Para 1 Pty Limited (First Defendant) Toplace Pty Limited (Second Defendant) Representation: Counsel: J Steele SC/R Size (Plaintiff) R Cheney SC/H Pintos-Lopez (Defendants)