The Owners - Strata Plan No. 80436 v Sezone Pty Ltd and Daphne Street No 1 Pty Limited [2014] NSWSC 264

Supreme Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan No. 80436 v Sezone Pty Ltd and Daphne Street No 1 Pty Limited [2014] NSWSC 264 Hearing dates: 17 March 2014 Decision date: 17 March 2014 Jurisdiction: Equity Division Before: Sackar J Decision: See paragraph 33 Catchwords: DAMAGES - assessment of damages for defective building work - no question of principle. Legislation Cited: Civil Procedure Act 2005 Home Building Act 1989 Uniform Civil Procedure Rules 2005 Cases Cited: Drummond v Rosen Pty Ltd v Easey (No 2) [2009] NSWCA 331 Harrison v Schipp [2001] NSWCA 13 Idoport Pty Ltd v National Australia Bank Ltd [2007] NSWSC 23 Lahoud v Lahoud [2006] NSWSC 126 Leichhardt Municipal Council v Green [2004] NSWCA 341 Owners Corporation SP 74584 v Sezone Pty Ltd [2013] NSWSC 999 Category: Principal judgment Parties: The Owners - Strata Plan No. 80436 - plaintiff Sezone Pty Ltd - first defendant Daphne Street No. 1 Pty Limited - second defendant Representation: Solicitors: Y Hazan - Hazan Hollander - plaintiff No representation - defendants File Number(s): 2012/291591

Judgment

Proceedings 1By its summons filed on 12 December 2012, the plaintiff seeks damages from the first defendant, a builder, for breach of statutory warranties and common law duties in respect of the erection of a strata title development at Botany. 2The second defendant, the owner of the development site prior to its vesting in the plaintiff, has since been deregistered and no claim is pressed against it. 3The proceedings were originally commenced in the Consumer, Trader and Tenancy Tribunal (CTTT) but were subsequently transferred to this Court by orders made on or about 10 September 2012. 4On 15 March 2013, Justice Hammerschlag gave judgment for the plaintiff on liability with damages to be assessed. The assessment of damages is the subject of the current proceedings. 5The plaintiff provided an affidavit by Mr Peter Whitehead, a solicitor for the plaintiff, that stated the first defendant had been served with notice of the assessment of damages hearing today, as well as the evidence upon which the plaintiff relies.