1 Layton Street

BUILDING AND CONSTRUCTION — Residential building work — Claim by homeowner against builder for breach of statutory and contractual warranties CONTRACT — Proper construction of standard form of Master Builders Association Residential Building Contract STATUTORY CONSTRUCTION — Home Building Act 1989 (NSW) — Proper construction of s 18B and s 7E warranties as incorporated in contract STATUTORY CONSTRUCTION — Home Building Act 1989 (NSW) — Proper construction of “relates solely” in Schedule 2 cl 2(2) STATUTORY CONSTRUCTION — Home Building Act 1989 (NSW) — Proper construction of “specific purpose or result” for purpose of s 18B(1)(f) — Various defects the subject of the claim relating to leaking roof caused by and thus relating solely to defective design — Claim dismissed STATUTORY CONSTRUCTION — Home Building Act 1989 (NSW) — To what extent can builder be liable for failures caused by design — The Owners – Strata Plan No 66375 v King [2018] NSWCA 170 distinguished and explained

BUILDING AND CONSTRUCTION – claim by owners corporation against persons alleged to be “developers” as defined by Home Building Act 1989 (NSW) s 3A – question of fact as to whether alleged “developers” were parties to building contract APPEALS – drawing of inferences on appeal – evaluation of competing inferences – where primary judge failed to draw inference that respondents were parties to the building contract BUILDING AND CONSTRUCTION – whether developers liable for “design defects” – statutory construction of Home Building Act 1989 (NSW) ss 18B and 18C – scope of notional contract pursuant to s 18C – whether breach of statutory warranty pursuant to s 18B(c)

AGENCY – whether party entered into contract as agent – whether party acting as undisclosed principal. BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – statutory warranties – whether owners corporation entitled to statutory warranties – whether loss and damage claimed in respect of defects resulted from breaches of statutory warranties. BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW)– whether defendants were “developers” within the meaning of s 3A – whether defendants were persons “on whose behalf” building work was done. CONTRACTS – building and construction contract – construction and interpretation – whether the defendants were party to the building contract. EVIDENCE – Evidence Act 1995 (NSW) s 69 – admissibility of evidence – business records – whether minutes of meeting are business records. EQUITY – remedies – rectification

PROCEDURE – notice of motion – leave sought to continue cross-claim and amend pleadings – leave granted