In-Style Developments Pty Ltd v La & Anor [2023] NSWDC 23

District Court New South Wales

Medium Neutral Citation: In-Style Developments Pty Ltd v La & Anor [2023] NSWDC 23 Hearing dates: 2 February 2022, 30 - 31 January, 1, 3 February 2023, 7 February (defendants' supplementary written submissions), 8 February 2023 (plaintiff's supplementary written submissions) Date of orders: 13 February 2023 Decision date: 13 February 2023 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraphs 252 - 256 Catchwords: BUILDING AND CONSTRUCTION – whether notice to rectify defective or incomplete works invalid – whether owners' termination of contract unlawful – whether the conduct by the owners (or the architect on their behalf) prevented the builder from substantially complying with his obligations to complete – whether cap on compensation under contract excludes or modifies right to compensation for defective works supplied in breach of statutory warranties – whether costs for strip out or structural works necessary and reasonable Legislation Cited: Home Building Act 1989 (NSW) ss 18B, 18BA, 18G Uniform Civil Procedure Rules 2005 (NSW) r 7.2 Cases Cited: Benson Property Group Pty Ltd v Key Infrastructure Australia Pty Ltd [2021] VSCA 69 Hadley & Anor v Baxendale & Ors (1854) 156 ER 145 Jones v Dunkel (1959) 101 CLR 298 Probuild Constructions (Aust) Pty Ltd v DDI Group Pty Ltd (2017) 95 NSWLR 82 Turner v Co-ordinated Industries (1994) 11 BCL 202 Category: Principal judgment Parties: In-Style Developments Pty Ltd (plaintiff/cross-defendant) Xuan Dieu La (first defendant/cross-claimant) Thi Minh Dang (second defendant/cross-claimant) Representation: Mr J Frangieh (in person) for the plaintiff/cross-defendant Mr A Hourigan (Counsel) for the defendants/cross-claimants Sarvaas Ciappara Lawyers (Solicitors) for the defendants/cross-claimants File Number(s): 2020/229654 Publication restriction: Nil