NSW Caselaw
New South Wales Supreme Court
CITATION : The Owners - Strata Plan 58068 v Fair Trading Administration Corporation [2009] NSWSC 850 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 28/07/09 and 29/07/09
JUDGMENT DATE : 26 August 2009
JURISDICTION : Equity Division Technology & Construction List
JUDGMENT OF : McDougall J at 1
DECISION : See paragraph [132] of the judgment.
CATCHWORDS : BUILDING AND CONSTRUCTION CONTRACTS – home owners' warranty insurance – date of commencement of work – whether statutory test of commencement is exclusive – limitation periods – whether notification of defects provided within time – statutory discretion to extend time – whether discretion arises – if discretion had arisen, whether it should have been exercised. - STRATA TITLES – management and control – awareness of defects – whether through owners' corporation or proprietors.
Building Services Corporation Act 1989 LEGISLATION CITED : Building Services Corporation Regulation 1990 Local Government Act 1919 Strata Schemes Management Act 1996
CATEGORY : Principal judgment
CASES CITED : Fair Trading Administration Corporation v Owners Corporation SP 43551 [2002] NSWSC 624 McCallum Developments Pty Ltd v The Owners Corporation SP 53908 [2002] NSWSC 1103
TEXTS CITED : Strata Schemes and Community Schemes Management and the Law, by Mr Alex Ilkin (LBC Information Services, 3rd Edition, 1998
PARTIES : The Owners - Strata Plan 58068 (Plaintiff) Fair Trading Administration Corporation (Defendant)
FILE NUMBER(S) : SC 55028/07
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