In the case of Gardez Nominees Pty Ltd v NSW Self Insurance Corporation  the Supreme Court made determinations as to whether the plaintiff mortgagee in that matter was a beneficiary of a policy of insurance issued under to the Home Building Compensation Fund. The decision potentially has wide ranging implications given the interpretation given to a number of key provisions in the Home Building Act 1989.
Recent developments in strata defect litigation: Strata Plan 74602 v Brookfield Australia  NSWSC 1916
The Owners - Strata Plan 74602 v Brookfield Australia Investments Limited  NSWSC 1916 illustrates a number of the evidentiary and legal challenges faced by owners corporations in heavily contested Supreme Court defect litigation. In his decision, His Honour Justice Stevenson provides further guidance from the Supreme Court with respect to the statutory and case law landscape in residential building defect litigation.
A recent decision of the Supreme Court of New South Wales has determined that a Council taking on the roll as the PCA in respect of a residential building owed and breached a duty of care to a subsequent purchaser. The decision may be of particular significance to owners in circumstances where they are out of time to pursue other parties or cannot do so for other reasons such as the death, disappearance of insolvency of the original builder.
A number of key amendments to the home building laws in New South Wales have now come into operation. The amendments have wide ranging implications impacting on licencing, defect litigation and home warranty insurance. A number of considerations that arise from the amendments are discussed in this article.