NSW Caselaw
District Court New South Wales
Medium Neutral Citation: The Owners – Strata Plan 80867 v Da Silva [2024] NSWDC 263 Hearing dates: 16 – 19 October 2023 Date of orders: 5 July 2024 Decision date: 05 July 2024 Jurisdiction: Civil Before: Waugh SC DCJ Decision: (1) Judgment for the plaintiff against the first defendant in the sum of $317,707.93. (2) List the matter for directions before me at 9:30 AM on Friday 12 July 2024. Catchwords: BUILDING AND CONSTRUCTION – Home Building Act 1989 - contract to undertake residential building work– non est factum – purported oral variation to scope of works - waterproofing - failure to comply with Australian Standard and Building Code of Australia BUILDING AND CONSTRUTION – Statutory duty of care under s37 of Design and Building Practitioners Act 2020 – waterproofing - failure to comply with Australian Standard and Building Code of Australia Legislation Cited: Civil Liability Act, 2002 Design and Building Practitioners Act 2020. Home Building Act 1989 Home Building Regulation 2004 Uniform Civil Procedure Rules Cases Cited: Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 (2014) 254 CLR 185 Fox v Percy (2003) 214 CLR 118 Jones v Dunkel [1959] HCA 8, (1959) 101 CLR 298 Kazzi v KR Properties Global Pty Ltd t/as AK Properties Group [2024] NSWCA 143 Kuhl v Zurich Financial Services (2011) 234 CLR 361 Paraiso v CBS Build Pty Ltd [2020] NSWSC 190 Petelin v Cullen (1975) 132 CLR 355 Roberts v Goodwin Street Developments Pty Ltd (2023) 110 NSWLR 557 The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2023] NSWCA 301 The Owners-Strata Plan Number 87060 v Loulach Developments Pty Ltd (No 2) [2021] NSWSC 1068 Watson v Foxman (1995) 49 NSWLR 315 Xu v Jinhong Design & Construction Pty Ltd [2011] NSWCA 277 Texts Cited: Cross on Evidence by the Hon J D Heydon AC Category: Principal judgment Parties: The Owners – Strata Plan 80867 (Plaintiff) John Da Silva (First Defendant) Representation: Counsel: Mr W Marshall (Plaintiff) Mr V Gray (First Defendant)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate