NSW Caselaw
New South Wales Supreme Court
CITATION : The Owners Strata Plan 61424 & Anor v Reed Constructions Pty Limited [2009] NSWSC 692
HEARING DATE(S) : 20/07/09
JUDGMENT DATE : 24 July 2009
JURISDICTION : Equity Division Technology and Construction List
JUDGMENT OF : Einstein J
DECISION : First plaintiff was a person entitled to the benefit of a statutory warranty enforceable against the defendant by operation of section 18D of the Home Building Act 1989.
CATCHWORDS : Statutory construction - Interpretation Act 1987 - Home Building Act 1989 - Examination of what are the circumstances that entitle a person to the benefit of a statutory warranty as provided for in section 18D of the Home Building Act - Whether the statutory scheme avoids the requirement of privity of contract because it provides its own criterion, which is whether the work was done on behalf of the relevant person - Holding that section 18D avoids the privity of contract rule
Building Services Corporation Legislation Amendment Act 1996 Corporations Act 2001 LEGISLATION CITED : Home Building Act 1989 Home Building Regulation 1997 Interpretation Act 1987
CATEGORY : Procedural and other rulings
The Owners Strata Plan 61424 (First Plaintiff) PARTIES : Building Insurers' Guarantee Corporation (Second Plaintiff) Reed Constructions Pty Limited (Defendant)
FILE NUMBER(S) : SC 55033/08
COUNSEL : Mr T Lynch (Plaintiffs) Mr M Orlov (Defendant)
SOLICITORS : Mills Oakley (Plaintiffs) Verekers (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
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