The Owners Strata Plan 56963 v Australand [2011] NSWSC 710

Supreme Court New South Wales

Medium Neutral Citation: The Owners Strata Plan 56963 v Australand [2011] NSWSC 710 Hearing dates: 29/06/2011 Decision date: 29 June 2011 Jurisdiction: Equity Division - Commercial List Before: McDougall J Decision: Judgment for first and third defendants with costs. Catchwords: PRACTICE - strike out application in respect of proceedings bought out of time - statutory interpretation - time limit in s109ZK of the Environmental Planning and Assessment Act 1979 - purposive approach - meaning of the terms 'building action' and 'building work'. Legislation Cited: Environmental Planning and Assessment Amendment Act 1997 Environmental Planning and Assessment Act 1979 (NSW) Home Building Act 1989 (NSW) Local Government Act 1993 Category: Principal judgment Parties: The Owners Corporation of Strata Plan 56963 (Plaintiff) Australand Corporation (NSW) Pty Limited ACN 001 022 117 (First Defendant) Strata Schemes Management Corporation Pty Limited ACN 003 109 608 (Second Defendant) Australand Constructions Pty Limited ACN 002 061 332 (Third Defendant) Representation: Counsel: F C Corsaro SC / F G Kalyk (Plaintiff) S A Kerr SC (First and Third Defendants) T Gunn (Solicitor) (Second Defendant) Solicitors: George Vok (Plaintiff) Mallesons Stephen Jaques (First and Third Defendants) McCabe Terrill Lawyers Pty Limited (Second Defendant) File Number(s): 2011/87530