NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Fugen Constructions v Terranasa [2013] NSWSC 1422 Hearing dates: 19/09/2013 Decision date: 19 September 2013 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: List Statement struck out; leave to replead Catchwords: JUDGMENTS & ORDERS - judgments -summary judgment - requirements for summary judgment - whether applicant demonstrated the proceedings had a certain outcome
LIMITATIONS OF ACTIONS - claim for defective building works - time of accrual of cause of action - principles to be applied Legislation Cited: Home Building Act 1989 (NSW). Cases Cited: Cyril Smith & Associates Pty Ltd v The Owners-Strata Plan No 64970 [2011] NSWCA 181. Dey v Victorian Railways Commissioners (1949) 78 CLR 62. General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125. Spencer v The Commonwealth (2010) 241 CLR 118. Hawkins v Clayton (1988) 164 CLR 539. Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd (2013) 87 ALJR 505; [2013] HCA 10. Lane Cove Council v Michael Davies & Associates [2012] NSWSC 727. Sutherland Shire Council v Heyman (1985) 157 CLR 424. Category: Procedural and other rulings Parties: Fugen Constructions Pty Ltd (Plaintiff) Terranas (NSW) Pty Ltd (formerly known as Nasa Tiling (NSW) Pty Ltd) (Defendant) Representation: Counsel: SA Goodman (Plaintiff) IGB Roberts SC (Defendant) Solicitors: Curwoods Lawyers (Plaintiff) Wotton & Kearney (Defendant) File Number(s): 2012/392262
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