The Owners - Strata Plan No. 69567 v Baseline Constructions Pty Ltd (in external administration) [2013] NSWSC 409

Supreme Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan No. 69567 v Baseline Constructions Pty Ltd (in external administration) [2013] NSWSC 409 Hearing dates: 15 and 16 April 2013 Decision date: 24 April 2013 Jurisdiction: Equity Division - Technology and Construction List Before: Stevenson J Decision: Plaintiff entitled to statutory warranties Catchwords: BUILDING AND CONSTRUCTION - Home Building Act 1989 - statutory warranties - whether owners corporation entitled to statutory warranties - liability of non-contracting owner to immediate successor in title - whether second defendant was the party "on whose behalf" the "residential building work" was done for the purposes of the Act Legislation Cited: Home Building Act 1989 Home Building Amendment 2011 Home Building Amendment (Warranties and Insurance) Act 2010 Cases Cited: Ace Woollahra Pty Ltd v The Owners - Strata Plan 61424 [2010] NSWCA 101; (2010) 77 NSWLR 613 Andrews v Nominal Defendant [1968] 3 NSWR 686 Australian Development Corporation Pty Ltd v White Constructions (ACT) Pty Ltd (Supreme Court of New South Wales, 14 October 1993, unreported) Casa Maria Pty Ltd v Trend Properties Pty Ltd [1998] NSWCA 53 Cordon Investments Pty Ltd v Lesdor Properties Pty Ltd [2012] NSWCA 184 Franklins Pty Ltd v Metcash Trading Ltd [2009] NSWCA 407; (2009) 76 NSWLR 603 Global Network Services Pty Ltd v Legion Telecall Pty Ltd [2001] NSWCA 279 HIH Casualty and general Insurance v Jones [2000] NSWSC 359 Midori v Newkarna (Supreme Court of New South Wales, 20 April 1994, unreported) Texts Cited: Lewison, The Interpretation of Contracts, 2nd ed (1997) Lewison, The Interpretation of Contracts, 5th ed (2011) Lewison and Hughes, The Interpretation of Contracts in Australia, (2012) Category: Separate question Parties: The Owners - Strata Plan No. 69567 (plaintiff) Baseline Constructions Pty Ltd (in external administration) (first defendant) Baron Corporation Pty Ltd (second defendant) Representation: Counsel: I G B Roberts SC with T Davie (plaintiff) F C Corarso SC (second defendant) Solicitors: Bannermans Lawyers (plaintiff) Colin Biggers & Paisley (second defendant) File Number(s): SC 2011/63243 Publication restriction: Nil