The Owners – Strata Plan No 90018 v Parkview Constructions Pty Ltd [2022] NSWSC 1123

Supreme Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan No 90018 v Parkview Constructions Pty Ltd [2022] NSWSC 1123 Hearing dates: 11 August 2022 Date of orders: 24 August 2022 Decision date: 24 August 2022 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Plaintiff granted leave to amend its Technology and Construction List Statement; defendant to pay the plaintiff's costs of its Notice of Motion seeking leave Catchwords: PRACTICE AND PROCEDURE – proposed amendment to Technology and Construction List Statement – whether amendment will introduce new causes of action under the Home Building Act 1989 (NSW) BUILDING AND CONSTRUCTION – residential building work – whether separate causes of action for each breach of the statutory warranties under the Home Building Act 1989 (NSW) – whether single cause of action for all breaches of those statutory warranties or for each individual statutory warranty – application of Onerati principle STATUTORY CONSTRUCTION – construction of statutory warranties under the Home Building Act 1989 (NSW) – whether separate cause of action for each breach of the statutory warranties under the Home Building Act 1989 (NSW) – whether single cause of action for all breaches of those statutory warranties or for each individual statutory warranty – application of Onerati principle Legislation Cited: Civil Liability Act 2002 (NSW) Design and Building Practitioners Act 2020 (NSW) Home Building Act 1989 (NSW) Home Building Amendment (Statutory Warranties) Act 2006 (NSW) Explanatory Note, Home Building Amendment (Statutory Warranties) Bill 2006 (NSW) (Legislative material) Cases Cited: Baron Corporation Pty Ltd v Owners of Strata Plan 69567 [2013] NSWCA 238 Conquer v Boot [1928] 2 KB 336 Dymocks Book Arcade Pty Ltd v Capral Ltd [2011] NSWSC 1423 Honeywood as executrix of the estate of the late Neville Honeywood v Munnings & Anor (2006) 67 NSWLR 466; [2006] NSWCA 215 Lane Cove Council v Michael Davies & Associates [2012] NSWSC 727 Onerati v Phillips Constructions Pty Ltd (in liq) (1989) 16 NSWLR 730 The Owners – Strata Plan 70030 v Decon Australia [2016] NSWSC 19 The Owners – Strata Plan 76841 v Ceerose Pty Ltd [2016] NSWSC 1545 The Owners – Strata Plan No 66375 v King [2018] NSWCA 170 The Owners – Strata Plan No 69567 v Baseline Constructions Pty Ltd (in external administration) [2013] NSWSC 409 Category: Procedural rulings Parties: The Owners – Strata Plan No 90018 (Plaintiff/Applicant) Parkview Constructions Pty Ltd (First Defendant/Respondent) The Quay Haymarket Pty Ltd (Second Defendant/Respondent) Representation: Counsel: G A Sirtes SC with D J Byrne (Plaintiff/Applicant) M Ashhurst SC with L Corbett (First Defendant/Respondent) S Docker (Second Defendant/Respondent)