Strata Plan 79215 v Nazero Constructions Pty Ltd [2016] NSWSC 231

Supreme Court New South Wales

Medium Neutral Citation: Strata Plan 79215 v Nazero Constructions Pty Ltd [2016] NSWSC 231 Hearing dates: 11 March 2016 Decision date: 15 March 2016 Jurisdiction: Equity - Technology and Construction List Before: Meagher JA Decision: 1. Judgment for the plaintiff against the first defendant for damages assessed at $2,638,219. 2. Order the first defendant pay the plaintiff's costs of the proceedings insofar as they relate to the claim against it. 3. Direct that the proceedings against the 2nd to 5th defendants be listed for directions on Friday 3 June 2016 at 12:00PM. Catchwords: DAMAGES – contract – building – breach of statutory warranties in Home Building Act 1989 (NSW) – where judgment for liability entered with damages to be assessed – where defendant did not appear for assessment hearing – whether expert reports addressed defects the subject of liability judgment and reasonable costs of remedying those defects – no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW), s 70 Home Building Act 1989 (NSW), s 3A, 18B, 18C,18D Evidence Act 1995 (NSW), s 59 Strata Schemes Management Act 1996 (NSW), ss 65, 227 Uniform Civil Procedure Rules 2005, r 30.1 Category: Principal judgment Parties: Owners - Strata Plan 79215 (Plaintiff) Nazero Constructions Pty Limited (First Defendant) Lansdown Projects Pty Limited (Second Defendant) JA Westaway & Son Pty Limited (Third Defendant) Jan Westaway (Fourth Defendant) Ian Westaway (Fifth Defendant) Representation: Counsel: P Bambagiotti (Plaintiff) A Di Francesco (4th to 5th Defendants)