James Otley Land v Adaptive Constructions [2014] NSWSC 638

Supreme Court New South Wales

Medium Neutral Citation: James Otley Land v Adaptive Constructions [2014] NSWSC 638 Hearing dates: 21/05/2014 Decision date: 21 May 2014 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Judgment for plaintiff against the first defendant in the sum of $616,492.00. Judgment for the plaintiff against the second defendants in the sum of $344,434.00. Judgment for the plaintiff against the third defendant in the sum of $313,302.00. Defendants to pay plaintiff's costs. Catchwords: BUILDING AND CONSTRUCTION - statutory warranties in relation to building construction - whether defective building work - whether costs of rectification disproportionate - whether sufficient evidence for court to allow claims for defective building work

PROCEDURE - undefended hearing - application of Uniform Civil Procedure Rules 2005 (NSW) r 29.7 Legislation Cited: Home Building Act 1989 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Voli v Inglewood Shire Council (1963) 110 CLR 74 Category: Principal judgment Parties: James Otley Land (Plaintiff) Adaptive Constructions Pty Ltd (First Defendant) Andrew Gerakis (Second Defendant) Michael Gerakis (Third Defendant) R Balas Engineering Pty Ltd (Fourth Defendant) Stephen Pinn (Fifth Defendants) Representation: Counsel: S Goldstein (Plaintiff) Solicitors: Adrian Batterby Lawyer File Number(s): 2013/175911