The Owners - Strata Plan No 84741 v Nazero Constructions Pty Limited & Ors [2016] NSWSC 832

Supreme Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan No 84741 v Nazero Constructions Pty Limited & Ors [2016] NSWSC 832 Hearing dates: 31 May 2016 Date of orders: 22 June 2016 Decision date: 22 June 2016 Jurisdiction: Equity - Technology and Construction List Before: Bergin CJ in Eq Decision: Separate question answered in the negative Catchwords: [DEEDS] - where construction contract between two parties - where performance of one party to construction contract guaranteed by third party - where the three parties execute a Deed of variation and release at same time as settling proceedings between two of those parties to which the guarantor was not a party - construction of the Deed - meaning of the expression "the parties" - separate question as to whether guarantor released from obligation to guarantee certain obligations of the party not released under the Deed Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Home Building Act 1989 Cases Cited: Amaca Pty Ltd formerly known as James Hardie & Coy Pty Ltd v CSR Ltd [2001] NSWSC 324 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 325 ALR 188, 198 [47] Category: Principal judgment Parties: The Owners - Strata Plan No 84741 (Plaintiff) Nazero Constructions Pty Limited (1st Defendant) Wardy Younan (Cross Defendant) Iris Diversified Property Pty Limited (2nd Defendant/Cross Claimant) Representation: Counsel: H Chiu (Plaintiff) AS McGrath (2nd Defendant/Cross Claimant) L Gor (Cross Defendant)