NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan 92156 v Professional Construction Services Pty Ltd [2023] NSWCATCD 100 Hearing dates: 1 May 2023 Date of orders: 01 August 2023 Decision date: 01 August 2023 Jurisdiction: Consumer and Commercial Division Before: K Ross, Senior Member Decision: (1) Professional Construction Services Pty Ltd is to pay The Owners - SP 92156 the sum of $234,046.56, on or before 31 August 2023. (2) The applicant is to file and serve submissions in support of any cost application by 17 August 2023. (3) Submissions in response are to be filed and served by 31 August 2023. (4) Submissions in reply are to be filed and served by 7 September 2023. Catchwords: BUILDING & CONSTRUCTION; Home Building – breach of statutory warranties – where work involved the conversion to residential use of a commercial space – scope of contract -effect of implied warranties. Legislation Cited: Home Building Act 1989 Cases Cited: Oikos Constructions Pty Ltd t/as Lars Fischer Construction v Ostin [2020] NSWCA 358 Category: Principal judgment Parties: The Owners – Strata Plan 92156 Professional Construction Services Pty Ltd Representation: Counsel: Horobin, P, Applicant Justice, AD, Respondent
Solicitors: Chambers Russell, Applicant MRM Lawyers, Respondent File Number(s): HB 21/51775 Publication restriction: unrestricted
REASONS FOR DECISION
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