68-72 BEACONSFIELD STREET SILVERWATER

BANKRUPTCY – provable debts – contract between builder and developer contains warranties implied by Home Building Act 1989 (NSW) – builder becomes bankrupt – claimant owners corporation a successor in title to developer – claim by owners corporation against builder for damages for loss suffered by reason of breach of statutory warranties – whether a debt or liability provable in the bankruptcy – whether a debt or liability released upon discharge from bankruptcy – whether claim a demand arising “otherwise than by reason of a contract or promise” within s 82(2) Bankruptcy Act 1966 (Cth) CONSTRUCTION LAW – Home Building legislation – statutory warranties – claim by successor in title to developer in respect of statutory warranties – builder becomes bankrupt and is subsequently discharged from bankruptcy – whether claim by successor in title a debt or liability provable in the bankruptcy – whether claim a debt or liability released upon discharge from bankruptcy – Home Building Act 1989 (NSW) ss 18B and 18D INSURANCE – Home Owners Warranty insurance – claim for indemnity for loss or damage arising from breach of statutory warranties – claim against contractor a debt or liability released upon contractor’s discharge from bankruptcy – claim for indemnity made after the discharge from bankruptcy – whether claimant cannot recover compensation from contractor “because of the insolvency” of contractor