The Owners – Strata Plan No. 69743 v TRT Constructions Pty Ltd [2016] NSWSC 375

Supreme Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan No. 69743 v TRT Constructions Pty Ltd [2016] NSWSC 375 Hearing dates: 04/04/2016 Date of orders: 04 April 2016 Decision date: 04 April 2016 Jurisdiction: Equity - Technology and Construction List Before: McDougall J Decision: Judgment for defendant with costs. Catchwords: BUILDING AND CONSTRUCTION – Home Building Act 1989 – statutory warranties – two preliminary issues – whether there was a contract between defendant and the Developer – contract found to be operational - whether plaintiff's claim statute barred – court held plaintiff's claim not commenced within time – unnecessary to deal with further issues Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Home Building Act 1989 (NSW) Cases Cited: Blatch v Archer (1774) 1 Cowp 63; 98 ER 969 Jones v Dunkel (1959) 101 CLR 298 Category: Principal judgment Parties: The Owners – Strata Plan No. 69743 (Plaintiff) TRT Constructions Pty Ltd (ACN 081 903 791) (Defendant) Representation: Counsel: T Davie (Plaintiff) A Rogers (Defendant)

Solicitors: Bannermans Lawyers (Plaintiff) Legal One Services (Defendant) File Number(s): 2014/237708

Judgment (EX TEMPORE – REVISED 05 APRIL 2016) 1. HIS HONOUR: The plaintiff (the Owners Corporation) is the Owners Corporation of a strata title development at Blacktown. The development was carried out for the former registered proprietor of the land on which the development was carried out, a company known as John & Simon Constructions Pty Ltd (the Developer). The Owners Corporation says that the defendant (TRT Constructions) was the builder who carried out the relevant work for the Developer. The Owners Corporation says, further, that the work carried out was defective in numerous respects, and that it is entitled to recover the cost of rectification from the builder by reason of s 18D of the Home Building Act 1989 (NSW) (the HB Act).