Owners Corporation Strata Plan 64757 v MJA Group Pty Ltd [2011] NSWCA 236

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Owners Corporation Strata Plan 64757 v MJA Group Pty Ltd [2011] NSWCA 236 Hearing dates: 24 June 2011 Decision date: 16 August 2011 Before: Allsop P at [1]; Macfarlan JA at [2]; Young JA at [6] Decision: Appeal dismissed with costs. [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: STATUTORY INTERPRETATION- Home Building Act 1989, ss 18C and 18E- s 18C imposes a contract for the work between developer and successor in title- what are the terms of that notional contract- is one cause of action only created- what is meant by "completion of the work" in s 18E- when completion of the work occurred is a question of fact properly found by the primary judge.

STATUTORY INTERPRETATION- Civil Liability Act 2002, s 34- whether a claim under s 18C of the Home Building Act 1989 is an action for damages from a failure to take reasonable care discussed. Legislation Cited: Civil Liability Act 2002, ss 34, 65 Contractors' and Workmens' Liens Act 1906-1921 (Qld) Home Building Act 1989, ss 3A, 7, 18B, 18C, 18D, 18E, 95, 96A Cases Cited: Ace Woollahra Pty Ltd v The Owners-Strata Plan 61424 & Anor [2010] NSWCA 101 Honeywood v Munnings [2006] NSWCA 215; 67 NSWLR 466 HSH Hotels v Multiplex [2004] NSWCA 302 Morgan v S & S Constructions Pty Ltd [1967] VR 149 Owners Strata Plan 62930 v Kell & Rigby Holdings Pty Ltd [2010] NSWSC 612 R v Police Magistrate at St George and Barron; Ex parte Lawson and Waldron [1918] QSR 21 Stucoid Pty Ltd v Stadiums Pty Ltd [1960] HCA 41; 107 CLR 521 Category: Principal judgment Parties: Owners Corporation Strata Plan 64757 (Appellant) MJA Group Pty Limited (Respondent) Representation: T Lynch (Appellant) B DeBuse (Respondent) Mills Oakley Lawyers (Appellant) HWL Ebsworth Lawyers (Respondent) File Number(s): CA 2010/336794 Decision under appeal Date of Decision: 2010-09-15 00:00:00 Before: SJ Gibb DCJ File Number(s): DC 08/314869