NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: The Owners – Strata Plan 65111 v Meriton Apartments Pty Ltd [2016] NSWSC 650 Hearing dates: 11 & 12 May 2016 Decision date: 20 May 2016 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Referee's construction of operative agreement correct Catchwords: PRACTICE - reference by court - finding by referee as to the proper construction of operative agreement - whether referee erred in law; CONTRACTS - proper construction – settlement deed – contract to do residential building work – nature of builder's obligation to effect rectification works - whether certifier empowered to alter manner in which rectification works be effected and designated standard be achieved Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Homebush Abattoir Corporation v Bermria Pty Ltd (1991) 22 NSWLR 605 Maritime Services Board of New South Wales v Australian Shipping Commission (1991) 27 NSWLR 258 Super Pty Ltd v SJP Formwork (Aust) Pty Ltd (1992) 29 NSWLR 549 Category: Procedural and other rulings Parties: The Owners – Strata Plan 65111 (Plaintiff/Respondent) Meriton Apartments Pty Limited (Defendant/Applicant) Representation: Counsel: T Davie (Plaintiff/Respondent) F Corsaro SC (Defendant/Applicant)
Solicitors: Bannermans Lawyers (Plaintiff/Respondent) N Malouf (Defendant/Applicant) File Number(s): SC 2008/290601
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