NSW Caselaw
New South Wales Supreme Court
CITATION : Owners Strata Plan 51673 v Fair Trading Administration Corporation [2009] NSWSC 816
HEARING DATE(S) : 3 August 2009
JUDGMENT DATE : 14 August 2009
JURISDICTION : Equity
JUDGMENT OF : Tamberlin AJ
DECISION : I order that: 1. The Referee Report of Ms Grey be adopted. 2. The defendant be ordered to pay the plaintiff the sum of $3,017,875 plus GST with interest from 19 June 2009. 3. The defendant pay the plaintiff's costs as agreed or assessed or taxed. 4. Liberty to apply on 12 hours notice.
CATCHWORDS : BUILDING AND CONSTRUCTION - Building Services Corporation Act 1989 - statutory insurance scheme - indemnity for loss where notification of defects - referee's report - time limitations - whether notification of defects sufficient - SUMMARY JUDGMENT - payments made under mistake - fraud - defence of change of position in reliance - good faith - onus of proof of awareness - sufficiency of defence
Building Services Corporations Act 1989 LEGISLATION CITED : Building Services Corporation Regulation 1990 Strata Titles Act 1973
CATEGORY : Principal judgment
Abigroup v Peninsula Balmain [2001] NSWSC 752; (2002) 18 BCL 15 Fair Trading Administration Corporation v Owner's Corporation SP 43551 [2002] NSWSC 624 CASES CITED : Studdert J McCallum Developments Pty Ltd v The Owner's Corporation Strata Plan 53098 [2002] NSWSC 1103 Super Pty Ltd v The SJP Formwork (Aust) Pty Ltd (1992) 29 NSWLR 549 Walter Construction Group Ltd v The Walker Corporation Ltd [2001] NSWSC 283; (2001) 47 ATR 48
PARTIES : The Owners - Strata Plan No 51673 (Plaintiff) Fair Trading Administration Corporation (Defendant)
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