The Owners - Strata Plan No 66595 v Suncorp Metway Insurance Ltd and B S and J H Bailey Pty Ltd [2014] NSWCATCD 180

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan No 66595 v Suncorp Metway Insurance Ltd and B S and J H Bailey Pty Ltd [2014] NSWCATCD 180 Hearing dates: 7, 8 and 9 May 2012 Decision date: 16 September 2014 Before: N Correy, Senior Member Decision: 1That the matter be listed for directions as soon as possible to determine a timetable for evidence or an agreement on quantum having regard to the extent of rectification required as determined in the reasons below. Catchwords: Home Building Act , statutory warranties - foundation movement, Australian Standard AS 2870 - crack width categories - concrete pier footing - strip beam footing - skin friction - structural stabilisation - underpinning. Legislation Cited: Home Building Act 1989 (HBA) Consumer Trader Tenancy Tribunal Act 2001 (the former Act ) Civil and Administrative Tribunal Act 2013 (the Act) Environmental Planning and Assessment Act 1979( EPA) Cases Cited: Commonwealth v Amman Aviation [1991] HCA 54 Bellgrove v Ellridge (1954) 90 CLR 613 Tabcorp Holdings v Bowen Investments Pty Ltd [2009] HCA 8 Texts Cited: None Category: Principal judgment Parties: The Owners - Strata Plan No 66595 (applicant) Suncorp Metway Insurance Ltd ( first respondent) BS and JH Bailey Pty Ltd (second respondent) Representation: Kennedy of Counsel for the owners Ahmed of Counsel for the insurer Barham of Counsel for the builder Northcott Solicitor for the owners Mills Oakey Solicitors for the insurer File Number(s): HB 07/58200 HB 08/44917 Publication restriction: Unrestricted