NSW Caselaw
New South Wales Supreme Court
CITATION : The Owners Strata Plan No. 64970 v Austruc Constructions Limited & Anor (No 3) [2010] NSWSC 60
HEARING DATE(S) : 21 October 2009
JUDGMENT DATE : 18 February 2010
JURISDICTION : Equity - Technology & Construction List
JUDGMENT OF : Bergin CJ in Eq
1. The Corporation's Motion for the adoption of that part of the Report in relation to the Negligence Explanation will be dismissed. 2. The findings in the Judgment ([2009] NSWSC 208) in relation to the Corporation's case against CSA for design negligence will not be reconsidered. 3. The Corporation's Motion for the rejection of that part of the Report in relation to the Contents Claim against CSA will be dismissed. DECISION : 4. That part of the First Report in relation to the Contents Claim against CSA will be rejected. 5. That part of the Report in relation to the Contents Claim against CSA will be adopted. 6. CSA's limitation defence in relation to negligent design of the windows will be dismissed. 7. The parties are to file Short Minutes reflecting these outcomes when the matter is listed on 2 March 2010.
CATCHWORDS : REFEREES/REFERENCES - Whether the Referee's explanation impacts on findings previously made in judgment ([2009] NSWSC 208) - Whether Referee addressed matter remitted - Whether Report in respect of architect's liability for Contents Claim should be adopted - Whether architect's limitation defence available
LEGISLATION CITED : Corporations Act 2001 (Cth) s 440D Strata Schemes Management Act 1996 s 62
Eko Investments Pty Limited v Austruc Constructions Limited & Ors; The Owners Strata Plan No. 64970 v Austruc Constructions Limited & Ors [2009] NSWSC 208 CASES CITED : Eko Investments Pty Limited v Austruc Constructions Limited & Ors; The Owners Strata Plan No. 64970 v Austruc Constructions Limited & Ors (No. 2) [2009] NSWSC 329 Eko Investments Pty Limited v Austruc Constructions Limited & Ors; The Owners Strata Plan No. 64970 v Austruc Constructions Limited & Ors (Costs) [2009] NSWSC 371 Bellevarde Constructions Pty Ltd v CPC Energy Pty Ltd [2008] NSWCA 228
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