Decisions table

• The Owners – Strata Plan No 92226 owners corp
• 1A Eden Pty Ltd developer
• Garawin Pty Ltd party
• Joesandra Pty Ltd party

Judgment entered against 1A Eden for $2,500,000 in settlement of building defects claim, with costs ordered and freezing orders made against unit trust respondents pending new proceedings.

• The Owners - Strata Plan No. 98970 owners corp
• Capitol Property Services Pty Ltd builder
• Lotus Fund No 9 Pty Ltd developer

Summary judgment ordered for the Owners Corporation against the developer Lotus Fund No 9 Pty Ltd for defective building work in a luxury apartment complex development.

• The Owners – Strata Plan No 97938 owners corp
• Golden Rain Development Pty Ltd developer

A freezing order was granted restraining the developer from disposing of or dealing with 15 of 18 terraces in the Honeycomb Terraces without providing 20 business days' prior written notification to the plaintiff, pending final judgment.

• The Owners-Strata Plan No 102171 owners corp
• Ceerose Pty Ltd builder
• Zone Q Milsons Point Development Pty Ltd developer
• Southern Cross Climate Control Pty Ltd contractor

The Tribunal dismissed the Owners Corporation's application to re-open the concluded hearing to make further submissions on the operation of the Design and Building Practitioners Act 2020 regarding whether registered designs were required for rectification works.

• Richard Ferretti lot owner
• The Owners – Strata Plan No 8847 owners corp
• Barrofry Pty Ltd contractor

The plumber breached statutory warranties by installing a substandard shower that did not conform to the contract specification of a full standard 900mm x 900mm shower recess, and was ordered to rectify the work within 60 days and pay compensation for lost rent at $420 per week during rectification; the wall cracking claim was dismissed.

• RL Company Holdings PL t/as Swimart North Strathfield contractor
• The Owners – Strata Plan No 88564 owners corp

The appeal was allowed, the primary refund order was set aside, and the strata scheme was ordered to immediately repay $11,331.81 to the supplier; the matter was remitted for re-hearing before a differently-constituted tribunal due to procedural unfairness and inadequate reasoning on the central issues of breach and causation.

• The Owners-Strata Plan No 102171 owners corp
• Ceerose Pty Ltd builder
• Zone Q Milsons Point Development Pty Ltd developer
• Southern Cross Climate Control Pty Ltd contractor

The owners corporation succeeded against the builder and developer for breach of statutory warranties and obtained a work order to rectify defects by 20 March 2026; the builder's claim against the sub-contractor was dismissed; and the developer's claim against the builder for indemnity was dismissed.

• The Owners – Strata Plan No 99170 owners corp
• MN Builders Pty Ltd builder
• Coronation (26 Shepherd St) Pty Ltd party
• Coronation (28 Shepherd St) Pty Ltd party

The court upheld the existing costs orders awarding the defendants the costs of their motion to vacate the trial and costs thrown away, rejecting the plaintiff's submission that such costs be costs in the cause, due to the plaintiff's default in serving evidence in accordance with directions.

• The Owners Strata Plan No 87881 owners corp
• The Owners Strata Plan No 88765 owners corp
• The Owners Strata Plan No 89262 owners corp
• Fortius Broadway No 1 Pty Ltd lot owner
• Frasers Broadway Pty Ltd developer
• Frasers Central Park Land No 1 Pty Ltd developer

The court dismissed the plaintiffs' proceedings as an abuse of process and ordered the plaintiffs to pay the defendants' full costs of the proceedings.

• Owners Corporation PS628502Y owners corp
• 4S Constructions Pty Ltd (in liquidation) builder
• Mr Farag party

The builder, in liquidation, was ordered to pay the owners corporation 2,869,892 dollars for breach of building warranties in the common property.

• Ceerose Pty Ltd builder
• Prisand Investments Australia Pty Limited ACN 105 064 239 developer
• The Owners – Strata Plan No 89074 owners corp

The Court of Appeal dismissed the appellants' appeal and upheld the primary judge's decision adopting the referee's reports, which found the respondent owners corporation was not required to provide the builder with further opportunities to rectify defects and was entitled to judgment for approximately $1.95 million in rectification costs.

• The Owners Strata Plan No 87881 owners corp
• The Owners Strata Plan No 88765 owners corp
• The Owners Strata Plan No 89262 owners corp
• Fortius Broadway No 1 Pty Ltd lot owner
• Frasers Broadway Pty Ltd developer
• Frasers Central Park Land No 1 Pty Ltd developer

Proceedings dismissed under r 13.4(1)(c) as the relief sought can and should be pursued in four existing building-defects proceedings already on foot.

• The Owners – Strata Plan No 93543 owners corp
• Hui Zhang lot owner

The plaintiff's application for default judgment was dismissed and the defendant was granted an extension of time to comply with court orders, with the defendant's solicitor ordered to pay the plaintiff's costs on an indemnity basis.

• Aqualand North Sydney Lavender Development Pty Ltd developer
• The Owners – Strata Plan No. 102081 owners corp

The Court of Appeal dismissed the developer's application for leave to appeal the freezing orders made by the primary judge, upholding the orders that restrained the developer from disposing of assets below $10,628,123.00.

• The Owners – Strata Plan No 93543 owners corp
• Hui Zhang developer

The Owners Corporation successfully rescinded the Deed of Settlement, established that proceedings were commenced within the warranty period under the Home Building Act 1989, and is entitled to damages for defective works within the common property, with questions of extent of defects and rectification costs to be determined by a referee.

• Max Build Pty Ltd builder
• The Owners – Strata Plan No 54026 owners corp
• TOP Consulting Group (NSW) Pty Ltd consultant

The court ruled that expert reports by Timothy Haynes and portions of David Madden's report are inadmissible because the experts lacked qualifications to identify building defects and relied on unqualified observations.

• The Owners - Strata Plan No. 81376 owners corp
• Dyldam Developments Pty Ltd builder
• Amaline Properties Pty Limited developer
• Insurance Australia Limited t/as Lumley Insurance insurer

The court answered all three separate questions no, finding that claims made under the home warranty insurance policy were outside the period of insurance and long stop limitation period, with the insured event (builder insolvency) only occurring in 2022 after the 10-year long stop period had expired on 4 September 2018.

• Strata Plan No 8017 trading as The Owners – Strata Plan 8017 owners corp
• Makawi Manly Pty Ltd developer
• CF Group Piling Pty Ltd contractor

The plaintiff was granted leave to amend its statement of claim to add allegations against the first defendant and to join CF Group Piling Pty Ltd as a second defendant in relation to damage caused to the plaintiff's building by excavation and shoring works on an adjacent property.

• The Owners – Strata Plan No. 91174 trading as Owners Corporation Throsby Street owners corp
• RPF Building Pty Limited builder
• RPF Throsby Pty Limited developer

The Court answered a separate question in the negative, determining that the plaintiff cannot continue proceedings in respect of building work certified as completed in accordance with the Deed, and ordered the defendants' costs to be paid by the plaintiff.

• The Owners - Strata Plan No. 94197 owners corp
• Secretary of the Department of Customer Service government
• Robert Touma builder

The proceedings were dismissed by consent but the first defendant was ordered to pay the plaintiff's costs, excluding costs related to expert reports and a notice of motion, because the plaintiff's judicial review had a very good chance of success due to the first defendant's failure to provide notice before issuing the second Building Work Rectification Order and the third BWRO amounted to acquiescence to the plaintiff's concerns.

• The Owners - Strata Plan No 87639 owners corp
• Karimbla Properties (No4) Pty Ltd developer
• Karimbla Construction Services Pty Ltd builder
• Karimbla Construction Services (NSW) Pty Ltd builder

The court granted the Owners Corporation leave to amend its Technology and Construction List Statement to reflect significantly expanded evidence of systemic building defects, with amendments taking effect only from the date of the application to amend on 11 November 2024.

• The Owners – Strata Plan No. 102081 owners corp
• Aqualand Construction Pty Ltd builder
• Aqualand North Sydney Lavender Development Pty Ltd developer

The Owners Corporation's application for a freezing order against the Developer was granted to prevent disposal of assets up to $10.6 million, as the court found there was a danger that a judgment would be unsatisfied given the Developer's pattern of distributing proceeds from unit sales and likelihood of selling the four remaining residential units.

• The Owners - Strata Plan No 95242 owners corp
• Karimbla Properties (No 42) Pty Limited developer
• Karimbla Constructions Services (NSW) Pty Ltd builder
• Guardian Protection Services (Aust) Pty Ltd contractor
• Plumb Group Pty Limited contractor
• Saba Bros. Tiling Pty Ltd contractor

The plaintiff was granted leave to serve supplemental expert evidence by 6 June 2025 regarding defects in uninspected units, but must pay defendants' costs thrown away by the orders and the expert evidence is confined to defects of the same effect as those already identified in inspected units.

• The Owners – Strata Plan No 89074 owners corp
• Ceerose Pty Ltd builder
• Prisand Investments Australia Pty Ltd developer

The Court adopted the referee's reports on liability and quantum with minor corrections, entering judgment for the plaintiff in the amount of $1,952,984 for breach of statutory warranties under the Home Building Act 1989 (NSW).

• The Owners - Strata Plan No 89791 owners corp
• FKP Constructions Pty Ltd builder
• FKP SJYC Pty Ltd developer

The Court declined to make a costs order in favour of the defendants in respect of their solicitors' correspondence and affidavit relating to document production disputes, finding that the defendants should have sought pre-evidence disclosure with evidence of exceptional circumstances rather than engaging in combative correspondence and serving a notice to produce.

• Alta Vale Residential Pty Ltd builder
• The Owners – Strata Plan No. 95693 owners corp
• STM 123 No. 8 Pty Limited developer

The Appeal Panel dismissed the builder's appeal against the work order requiring the builder to perform specified works to remedy major defects in the residential development, and refused leave to appeal against the interlocutory decision to refuse adjournment.

• Easy Trades Australia Pty Ltd builder
• The Owners – Strata Plan No. 3844 owners corp

The appeal by the builder against the first instance decision awarding the owners corporation $61,708.68 for defective works (including a concrete staircase and brickwork) was dismissed, with the Appeal Panel confirming the Senior Member's findings on defects, rectification methodology, and rejection of the builder's set-off claim.

• The Owners – Strata Plan No. 82089 owners corp
• Omaya Holding Pty Ltd developer
• Arinson Pty Ltd contractor
• Omaya Investments Pty Ltd party
• BSM Holdings Pty Ltd party
• Integrated Design Group Pty Ltd consultant
• Bernie Cohen & Associates Pty Ltd trading as Essential Certifiers consultant

Summary dismissal application dismissed; strike-out application upheld with leave to replead; application to withdraw admissions dismissed; amendment made to correct obvious error in list response.

• Raysons Constructions Pty Limited builder
• The Owners - Strata Plan No 87003 owners corp

The Appeal Panel upheld Raysons Constructions' appeal, set aside the Tribunal's orders in favour of The Owners, and ordered The Owners to pay Raysons Constructions' costs of both the appeal and the Tribunal proceedings on the ordinary basis, declining to award indemnity costs despite Calderbank offers.

• Raysons Constructions Pty Ltd builder
• The Owners – Strata Plan No. 87003 owners corp

The appeal was allowed and the orders for the builder to repair defects were set aside; the application was dismissed on the basis that the owners corporation was aware of the defects before the limitation period expired and could not rely on the statutory extension under s18E(1)(e).

• The Owners – Strata Plan No 89866 owners corp
• John Joseph Zouki party
• Hardy Pty Limited developer
• Kevin Zouki builder
• Juliane Lahood party

Freezing order restraining Hardy Pty Limited from dealing with proceeds of sale of Unit 5 was varied and continued until conclusion of hearing, with the restrained amount reduced from $3.2 million to $1.1 million and carve-out for ordinary living expenses removed; order restraining Juliane Lahood from dealing with Unit 5 was extended until conclusion of hearing.

• The Owners – Strata Plan No 64757 owners corp
• Sydney Remedial Builders Pty Ltd builder

Leave to appeal refused; the Court of Appeal upheld the primary judge's decision that proceedings claiming $850,000 in damages for building defects were commenced out of time under the Home Building Act 7-year limitation period.

• The Owners – Strata Plan No. 85494 owners corp
• PBS Building (NSW) Pty Ltd builder
• Iris Property Group Pty Ltd developer
• Squillace Architects Pty Ltd consultant
• Royal Tiles Australia Pty Ltd contractor

Leave to amend pleading to add fire safety defects was granted conditionally, with the trial judge to determine whether the Second Defendant was prejudiced and whether the amendments should be revoked, and the Owners ordered to pay the Second Defendant's costs thrown away by the amendments.

• Anne Casey lot owner
• Renfay Projects Pty Ltd builder
• The Owners – Strata Plan No 586 owners corp

Applications by the Owners Corporation and Anne Casey to vary the Appeal Panel's costs order were dismissed, and the original order requiring Anne Casey to pay costs to Renfay Projects Pty Limited and The Owners Strata Plan 586 on the ordinary basis was reinstated.

• The Owners - Strata Plan No 97315 owners corp
• Icon Co (NSW) Pty Ltd builder

The court ordered that there be no order as to the costs of the reference, with each party bearing its own costs, because neither party established the case for which it primarily contended on the sunshade defects issue.

• Promina Design & Construction Pty Ltd builder
• The Owners - Strata Plan No 97449 owners corp

The respondent's application for costs of the appeal was dismissed as rule 38 did not apply and no special circumstances warranting an award of costs were established.

• The Owners – Strata Plan No 84674 owners corp
• Pafburn Pty Ltd builder
• Madarina Pty Limited developer

The Court allowed the appeal and struck out the builder's proportionate liability defences, holding that the non-delegable duty under section 37 of the Design and Building Practitioners Act 2020 is not subject to apportionment under Part 4 of the Civil Liability Act 2002.

• The Owners – Strata Plan No. 99779 owners corp
• Rockdale One Pty Ltd builder
• Piety THP Pty Ltd party

The Tribunal found that numerous defect items (CP.503, CP.506, CP.507, CP.508, CP.509, CP.511, CP.80, CP.302 and all similar instances) were defective and ordered the respondents to rectify them by work order to be filed within 14 days.

• The Owners of Strata Plan No 97315 owners corp
• Icon Co (NSW) Pty Ltd builder

Application for leave to appeal from the primary judge's decision adopting the referee's report regarding defective sunshade installations was dismissed with costs, as the application did not raise an issue of principle, question of public importance, or reasonably clear injustice.

• Promina Design & Construction Pty Ltd builder
• The Owners—Strata Plan No 97449 owners corp

The appeal was dismissed and the Tribunal's decision to transfer proceedings to the District Court was upheld, despite the appellant's arguments regarding jurisdictional limitations.

• The Owners - Strata Plan No. 91016 owners corp
• Upright Builders Pty Ltd builder
• Bayone Projects Pty Ltd developer
• City of Ryde Council government
• The Owners - Strata Plan No. 97600 party

The Court answered yes to the separate question that the Encroachment of Buildings Act 1922 applies to the encroachment of the walkway and stairs onto Nancarrow Avenue, but qualified the answer to clarify that the Court's power is limited by existing legislative prohibitions on what the roads authority can lawfully do.

• The Owners – Strata Plan No 91016 owners corp
• Upright Builders Pty Ltd builder
• Bayone Projects Pty Ltd developer
• City of Ryde Council government

Separate question ordered to determine whether City of Ryde Council is an adjacent owner under the Encroachment of Buildings Act 1922; application to amend summons refused.

• The Owners-Strata Plan No. 86807 owners corp
• Crown Group Constructions Pty Ltd builder
• Crown W Pty Ltd developer

Leave was granted to the Owners Corporation to amend its technology and construction list statement to add a claim under the Design and Building Practitioners Act 2020 for breach of duty of care regarding non-compliant cladding, conditional upon filing expert evidence by 15 June 2023 that the cladding did not comply with the Building Code of Australia.

• Promina Design & Construction Pty Ltd builder
• The Owners – Strata Plan No. 97449 owners corp

The application for a stay of the order transferring proceedings to the District Court was dismissed on the basis that the Appeal Panel had no meaningful power to stay an order that took effect when made.

• Owners Corporation PS623721 owners corp
• Shangri-La Construction Pty Ltd (in liquidation) builder

The builder was ordered to pay the owners corporation 746,000 dollars in defect damages, with further awards to other lot-owner applicants.

• Parkview Constructions Pty Ltd builder
• The Owners – Strata Plan No 90018 owners corp
• The Quay Haymarket Pty Ltd developer

The appeal by the builder and developer against the primary judge's decision to allow the owners corporation to amend its statement to include three new alleged defects was dismissed, with the court holding that claims for breach of statutory warranties constitute a single cause of action for breach of contract rather than separate causes of action for each defect.

• The Owners - Strata Plan No 97315 owners corp
• Icon Co (NSW) Pty Ltd builder

The Owners Corporation's Notice of Motion to reject or vary the referee's report was dismissed; the referee's finding that the C-Bracket Solution was the proper rectification methodology for defective sunshades was upheld.

• The Owners – Strata Plan No 84674 owners corp
• Pafburn Pty Ltd builder
• Madarina Pty Ltd developer

The application to summarily dismiss the defendants' proportionate liability defence was dismissed; the Court held that section 5Q of the Civil Liability Act does not apply to non-delegable duties imposed by statute, and therefore the proportionate liability provisions are available to the defendants.

• The Owners – Strata Plan No 92183 owners corp
• Samdora Pty Ltd builder
• 3173 Pty Ltd developer
• MS Noun Construction Pty Ltd contractor
• Ghassan Nassif party
• Elie Chahwan party
• Omar Noun party

The court dismissed the second defendant's application for summary dismissal, finding that the settlement agreement did not incorporate the terms of the draft Deed of Settlement and the plaintiff's claims could proceed to trial.

• The Owners-Strata Plan No 93227 owners corp
• In Style Developments Pty Ltd developer
• Arden CH (NSW) Pty Ltd developer

The Tribunal made work orders against both respondents requiring them to perform rectification works identified in the Scott Schedule and Building Work Rectification Order by 30 July 2023, with the application otherwise dismissed and costs to be determined separately.