Owners Corporation SP 77788 v VK Buildings P/L [2011] NSWDC 91

District Court New South Wales

Medium Neutral Citation: Owners Corporation SP 77788 v VK Buildings P/L [2011] NSWDC 91 Hearing dates: 28, 29 July, 1, 2, 3, 4 and 5 August 2011 Decision date: 12 August 2011 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Verdict and judgment for the plaintiff in the sum of $23,495.10 including pre-judgment interest; 2.I will hear the parties on the question of costs if the parties cannot agree on the appropriate order for costs; 3.The exhibits may be returned; 4.Liberty to apply on 7 days notice if further orders are required. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: BUILDING CONTRACTS - claim by owners' corporation against builder seeking to recover costs of rectification works covered by statutory warranty under Pt 2C of the Home Building Act 1989 Legislation Cited: Building Code of Australia Civil Liability Act 2002, s 5E Development Control Plan 40 Environmental Planning and Assessment Act 1979, s 121B & s 121H Home Building Act 1989, Pt 2C Uniform Civil Procedure Rules 2005, r 14.2(1), Sch 5, cl 5(c) Category: Principal judgment Parties: Owners Corporation SP 77788 (Plaintiff) VK Buildings Pty Limited (Defendant) Representation: Mr R Zikmann (Plaintiff) Mr G Karagavrilidis, by leave (Defendant) Gary I Castle & Partners (Plaintiff) Mr G Karagavrilidis, by leave (Defendant) File Number(s): 2010/235839