197-209 REGENT STREET REDFERN

PROCEDURE - inferior courts - New South Wales - District Court - transfer of proceedings - equitable jurisdiction of District Court - whether claim for equitable compensation for breach of trust within s 134(1)(e) and thus excluded from s 134(1)(h) - held, it is REAL PROPERTY - strata title - management and control - duty of owners corporation to maintain common property - trustee obligations of owners corporation - whether claim for equitable compensation for failure to maintain common property maintainable - held, it is not

Re-allocation of unit entitlement

BUILDING CONTRACT - breach by builder - work not in conformity with plans & specifications - waterproofing system - whether system installed as effective as that specified - query whether issue one of mitigation with onus on builder. - BUILDING CONTRACT - breach by builder - whether demolition and reinstatement to produce compliance with contract reasonable - whether damages recoverable on that basis. - HOME BUILDING INSURANCE - breach of statutory implied warranties by builder – insurance - successor in title entitled to benefit of warranties and insurance - measure of damages - successor entitled to same damages as predecessor.