Pollak v Yapp [2019] NSWCA 150

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Pollak v Yapp [2019] NSWCA 150 Hearing dates: 31 May 2019; written submissions 5 and 6 June 2019 Decision date: 20 June 2019 Before: Bell P at [1]; Payne JA at [2]; White JA at [3] Decision: Appeal dismissed with costs. Catchwords: CONTRACTS — Construction — Interpretation — Contract for sale of land — Special condition in contract required vendor to ensure all development conditions complied with prior to completion — Whether warranty had effect of requiring all works subject of development approval to be completed —Special condition contained disclosure that some works were carried out in conformity with development consent but lower staircase requires replacement — Whether disclosure amounts to warranty that all works subject of development approval have been completed — Where some but not all works the subject of development approval in fact completed —— Whether provision of interim occupation certificate capable of satisfying vendors' obligation to provide an occupation certificate

BUILDING AND CONSTRUCTION — Occupation certificates — Whether interim occupation certificate that certifies some but not all of works the subject of development approval means that whole premises cannot be lawfully occupied — Whether occupation certificate relates to entire property or merely part of property on which certified works situated — Meaning of "altered portion" of existing building Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 109C, 109H, 109M, 109N Environmental Planning and Assessment Act 2017 (NSW)