37 Morley Avenue

CONTRACTS — building, engineering and related contracts — Home Building Act 1989 — warranties implied by statute — whether owners corporation under strata scheme entitled to statutory warranties as against “developer” — liability of non-contracting owner to immediate successor in title — whether appellant was the party “on whose behalf” the “residential building work” was done and therefore a “developer” for the purposes of the Act.

BUILDING AND CONSTRUCTION - Home Building Act 1989 - statutory warranties - whether owners corporation entitled to statutory warranties - liability of non-contracting owner to immediate successor in title - whether second defendant was the party "on whose behalf" the "residential building work" was done for the purposes of the Act

PROCEDURE - application for summary dismissal or strike - out - whether to grant summary dismissal in whole or in part - where plaintiff puts it case in two ways - whether plaintiff owed any duty of care -whether proposition that plaintiff's case is one of "indirect reliance" is bad in law and cannot be sustained - whether plaintiff has suffered any loss - where overlap between issues arising under the separate ways in which the case is pleaded - where overlap likely to be extensive - where all evidence is not yet before the court

APPEAL AND NEW TRIAL - where the Court of Appeal determines an appeal from a decision of a judge of the Equity Division on a question ordered to be determined separately - whether the proceedings in the Equity Division may then be progressed without remitter by the Court of Appeal

Production of documents; Practice Note SC Eq 11; necessity for exceptional circumstances