The Supreme Court of NSW has changed the landscape for building claims made under the Home Building Act, 1989 (NSW) following the decision of Owners Corporation SP72357 v. Dasco Constructions Pty Limited & Ors  NSWSC 819 handed down on 27 July 2010.
Defect claims are always complex and nuances reign supreme. In a recent case Grace Lawyers have successfully argued for an Owners Corporation of a small residential strata scheme that a Council is a developer The Owners – Strata Plan No 151721 –v- Lane Cove Council.
You may remember our previous industry update in the matter of The Owners – Strata Plan No 61288 v Brookfield Australia Investments Pty Ltd (2013) NSWCA 317 where the Court of Appeal found that the builder of a commercial apartment block owed a duty of care to the Owners Corporation to a
Grace has recently been successful in a decision before the Supreme Court in Singh v The Owners – Strata Plan No 11723 and Ors  NSWSC 1595 where orders were made pursuant to the Vexatious Proceedings Act 2008 (NSW) against a lot owner, prohibiting him from instituting any
We reported recently on the Supreme Court of NSW case dealing with the problems experienced by Owners Corporation's in pursuing claims against builders and developers in the area of negligence (as opposed to any statutory right under the Home Building Act 1989) – Strata Plan No 72535 against Broo