The Owners – Strata Plan 84741 v Nazero Constructions Pty Ltd [2017] NSWSC 1134

Supreme Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan 84741 v Nazero Constructions Pty Ltd [2017] NSWSC 1134 Hearing dates: 21 & 22 August 2017 Decision date: 29 August 2017 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Defect rectification costs quantified; parties to calculate final figure due from second defendant to plaintiff Catchwords: BUILDING AND CONSTRUCTION – whether quantification of defect rectification costs reasonable – whether plaintiff entitled to pre-judgment interest on quantification of defect rectification costs

PRACTICE AND PROCEDURE – whether second defendant should have leave under UCPR r 31.28(3) to rely on expert report served by former cross-defendant – whether exceptional circumstances shown Legislation Cited: Home Building Act 1989 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cummins Generator Technologies Germany GmbH v Johnson Controls Australia Pty Ltd [2015] NSWCA 264 Houghton v Immer (No 155) Pty Ltd (1997) 44 NSWLR 46 McCartney v Orica Investments Pty Ltd [2011] NSWCA 337 The Owners Strata Plan No 66375 v Suncorp Metway Insurance Ltd (no 2) [2017] NSWSC 739 Texts Cited: Rawlinsons Australian Construction Handbook 2015 (Rawlinson 2015 ed. 33) Category: Principal judgment Parties: The Owners – Strata Plan 84741 (Plaintiff) Iris Diversified Property Pty Ltd (Second Defendant) Representation: Counsel: R Cheney SC with H Chiu (Plaintiff) A McGrath SC (Second Defendant)