NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Mangano v Amescorp Pty Ltd [2024] NSWDC 195 Hearing dates: 20 May 2024 – 23 May 2024 Date of orders: 31 May 2024 Decision date: 31 May 2024 Jurisdiction: Civil Before: Newlinds SC DCJ Decision: See para [126] Catchwords: CIVIL LAW – principal judgment – Home Building contract – Implied warranties – Alleged defects – Damages – Liability of sole director of builder – "Nominated supervisor" within the meaning of the Home Building Act 1989 – "Construction work" within the meaning of the Design and Building Practitioners Act 2020 – Duty of care – Breach of duty – Loss Legislation Cited: Design and Building Practitioners Act 2020 ss 36, 37 Home Building Act 1989 ss 53, 180 Cases Cited: Blatch v Archer (1774) 1 Cowp 63 Burnie Port Authority v General Jones Pty Ltd [1994] HCA 13 Commercial Union Assurance Co of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Ghosh v Medical Council of NSW [2020] NSWCA 122 The Owners Strata Plan No 84674 v Pafburn Pty Ltd [2022] NSWSC 659 The Owners Strata Plan No 84674 v Pafburn Pty Ltd [2023] NSWSC 116 Category: Principal judgment Parties: Samuel Joseph Mangano (First Plaintiff) Teresa Mangano (Second Plaintiff) Amescorp Pty Limited (First Defendant) James Patrick Raad (Second Defendant) Representation: Counsel: Mr I Chatterjee (Plaintiffs) Mr J Y Li (Defendants)
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