The Owners Strata Plan No 92888 v Taylor Construction Group Pty Ltd and Frasers Putney Pty Ltd [2019] NSWCATCD 63

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners Strata Plan No 92888 v Taylor Construction Group Pty Ltd and Frasers Putney Pty Ltd [2019] NSWCATCD 63 Hearing dates: 30 July 2019, Submissions closed 19 August 2019 Date of orders: 15 November 2019 Decision date: 15 November 2019 Jurisdiction: Consumer and Commercial Division Before: P Boyce, Senior Member Decision: 1. The respondents, Taylor Construction Group Pty Ltd and Fraser Putney Pty Ltd, rectify the breach of the statutory warranties in section 18B(1)(b), (c), (e) and (f) of the Home Building Act, by removing the Biowood attachments installed on the façade of 3 & 5 Lardelli Drive Ryde, New South Wales and replacing Biowood attachments with attachments to the external walls that comply with the codes, standards and statutory warranties.

2. Taylor Constructions Group Pty Ltd and Frasers Putney Pty Ltd, pay to the applicant, The Owners Strata Plan No 92888, its costs of the proceedings as agreed or assessed on the ordinary basis Catchwords: BUILDING AND CONSTRUCTION-Home Building-compliance with applicable codes and standards including Building Code of Australia and Australian Standards-combustible architectural attachments to external walls of high rise building-breach of statutory warranty-materials good and suitable for purpose Legislation Cited: Home Building Act 1989 Civil and Administrative Tribunal Act 2013 Environmental Planning and Assessment Regulation 2000 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Act 1979 Cases Cited: Owners Corporation No.1 of PS613436T v LU Simon Builders Pty Ltd (Building and Property) [2019] VCAT 286 Burwood Council v Ralan Burwood Pty Ltd [2013] NSWLEC 173 Roberts v Ahern (1904) 1 CLR 406 Metropolitan Gas Co v Federated Gas Employees' Industrial Union (1924) 35 CLR 449 Texts Cited: Building Code of Australia Category: Principal judgment Parties: The Owners Strata Plan No 92888 (Applicant) Taylor Construction Group Pty Ltd (First Respondent) Frasers Putney Pty Ltd (Second Respondent) Representation: Solicitors: J S Mueller & Co (Applicant) Crisp Law (First and Second Respondents)