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http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=153244
The Owners Corporation is the Owners Corporation of a strata development at Bondi Junction. It alleges that Australand (between them) were the developer, designer and builder of that development. It asserts that Australand owed the Owners Corporation a duty to take reasonable care in connection with development, design and construction of the building, in particular insofar as it included common property that would vest in the Owners Corporation on registration of the strata plan.
3The Owners Corporation asserts that, in the breach of that alleged duty of care, the building was defective in three ways:
(1) there was no waterproofing, or such waterproofing as there was was defective, on the roof of the building;
(2) there was no waterproofing, or such waterproofing as there was was defective, for the balconies and doors to the apartments; and
(3) there was no waterproofing, or such waterproofing as there was was defective, to areas at or below ground level.
4In addition, the Owners Corporation asserts that Australand was a developer for the purposes of the Home Building Act 1989 (NSW) and thus was bound by the statutory warranties set out in that Act. It asserts that the defects to which I have referred constituted, as well as breaches of the duty of care alleged, breaches the statutory warranties. |
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