124-126 Livingstone Road

AGENCY – whether implied actual authority to enter building contract – where builder did not sign contract – where numerous documents signed in name of builder – whether builder authorised nephew to enter into contract on his behalf – no authority found from the circumstances BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – statutory warranties – whether defects part of lot property or common property CONSUMER LAW – misleading or deceptive conduct – causation or reliance – where home warranty insurance issued due to misleading representations made by insurance broker – whether representations sufficiently causative of loss to Owners Corporation EVIDENCE – tendency evidence – conduct – whether evidence of builder performing favours for friends characterised as tendency evidence of conduct regarding commercial development

COSTS – exceptions to general rule that costs follow the event – offers of compromise – walk away offers made by defendant in early and late stages of proceedings – no real element of compromise in early offer – evidence available at date of later offer raised significant difficulties for plaintiff’s claim – indemnity costs awarded on basis of later offer under Uniform Civil Procedure Rules 2005 (NSW) r 42.15A