Premium Strata Pty Ltd

SP68307 · 44-46 MELROSE PARADE CLOVELLY, CLOVELLY

COSTS – application for miscellaneous matters – ancillary proceedings – costs – rr 38 and 38A Civil and Administrative Tribunal Rules 2014 (NSW) – s 60 Civil and Administrative Tribunal Act 2013 (NSW) – amount in dispute in appeal proceedings – costs in favour of successful party in the ancillary proceedings

SP92450 · 29 HUNTER STREET PARRAMATTA, PARRAMATTA

BUILDING AND CONSTRUCTION — Contract — Damages — Delay — Defects — Claim for consequential pure economic loss — Proper construction of cl 17.2 of standard form contract requiring builder to give notice claim for extension of time — Champion Homes considered and applied the facts the parties did not agree to liquidated damages is irrelevant to the proper construction of cl 17.2 CONTRACTS — Assessment of damages for breach of contract — Prima facie position — Bellgrove v Eldrige discussed — Provisos identified — Breach — Damages — Proof — Defects — Proper construction of Australian Standards and proper construction of s 18B(1)(c) warranties — Decision of Court of Appeal in Owners SP 92450 v JKN Para 1 Pty Limited considered — Approach to damages for breach of statutory warranties no different to approach for any other breach

SP68307 · 44-46 MELROSE PARADE CLOVELLY, CLOVELLY

APPEALS – internal appeals – jurisdiction- application to appeal or vary costs orders of the Tribunal at first instance – no Appeal Panel jurisdiction to make the orders sought