The Owners of Strata Plan 93357 v Bloc (ACT) Pty Ltd [2024] NSWSC 239

Supreme Court New South Wales

Medium Neutral Citation: The Owners of Strata Plan 93357 v Bloc (ACT) Pty Ltd [2024] NSWSC 239 Hearing dates: 08 March 2024 Decision date: 08 March 2024 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Parties to confer and agree on the orders to be made to give effect to the reasons; no order as to costs with the intent that each party bear their own costs Catchwords: LIMITATION OF ACTIONS – whether proceedings brought out of time – whether interim occupation certificate authorised occupation and use of the "whole of the building" for the purposes of the Home Building Act 1989 (NSW) CIVIL PROCEDURE – pleadings – application to strike out – whether claims under the Home Building Act 1989 (NSW) and Design and Building Practitioners Act 2020 (NSW) adequately articulated – whether necessary to prepare a schedule setting out the risks and steps to manage those risks Legislation Cited: Design and Building Practitioners Act 2020 (NSW) Home Building Act 1989 (NSW) Cases Cited: Dyldam Developments Pty Ltd v The Owners - Strata Plan 85305 [2020] NSWCA 327 The Owners - Strata Plan No 87060 v Loulach Developments Pty Ltd (No 2) [2021] NSWSC 1068 Wardley Australia Limited v Western Australia (1992) 175 CLR 514; [1992] HCA 55 Category: Procedural rulings Parties: The Owners of Strata Plan 93357 (Plaintiff/Respondent) Bloc (ACT) Pty Ltd (Defendant/Applicant) Representation: Counsel: A D Justice (Plaintiff/Respondent) D Weinberger (Defendant/Applicant)