The Owners Corporation SP 90832 v Dyldam Developments Pty Ltd [2024] NSWSC 1519

Supreme Court New South Wales

Medium Neutral Citation: The Owners Corporation SP 90832 v Dyldam Developments Pty Ltd [2024] NSWSC 1519 Hearing dates: 14 November 2024 Date of orders: 28 November 2024 Decision date: 28 November 2024 Jurisdiction: Equity - Technology and Construction List Before: Hammerschlag CJ in Eq Decision: Order for determination of a separate question revoked Catchwords: BUILDING AND CONSTRUCTION – Design Act ss 36 and 37 - Certifiers Act ss 13 and 14 – Proceedings by Owners Corporation against the third defendant accredited certifier for breach of the duty of care imposed by s 37 of the Design Act on the footing that the third defendant carried out construction work in or related to a residential strata apartment complex – Third defendant denies that it carried out construction work and denies that the Design Act can apply by virtue of the existence of a Practice Standard under the Certifiers Act - PRACTICE AND PROCEDURE – UCPR r. 28.2 – Civil Procedure Act 2005 (NSW) ss 56(1)-(2) – Parties frame the following separate question "Did the Third Defendant carry out "construction work" within the meaning of Part 4 of the Design and Building Practitioners Act 2020 (NSW) in respect of the development of the Complex?" – Where during argument on the question it emerges that the question will not conduce the just, quick and cheap disposition of the real issues in the case because it is likely to cause delay and the answer lacks utility – Order for determination of separate question revoked Legislation Cited: Building and Development Certifiers Act 2018 (NSW) Civil Procedure Act 2005 (NSW) Design and Building Practitioners Act 2020 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: TP ICAP Management Services (Australia) Pty Ltd v Bradley Howell; GFI Australia Pty Ltd v Matthew Cotton [2021] NSWSC 656 Category: Procedural rulings Parties: The Owners Corporation SP 90832 (Plaintiff) Dyldam Developments Pty Ltd (First Defendant) Merfad Capital Pty Ltd (Second Defendant) Dix Gardner Group Pty Ltd (Third Defendant) All Stop Fire Systems Pty Ltd (Fourth Defendant) Complete Fire Doors Australia Pty Ltd (Fifth Defendant) 21st Century Electrical Pty Ltd (Sixth Defendant) Dux Plumbing Services Pty Ltd (Seventh Defendant) Airwin Airconditioning Pty Ltd (Eighth Defendant) Perpetual Building Solutions Pty Ltd (Ninth Defendant) A1 Seal Pty Ltd (Tenth Defendant) Representation: Counsel: J Hutton SC w S Murray (Plaintiff) R Cheney SC w A Cameron (Third Defendant)