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Owners Strata Plan 70579 v Midwest Constructions Pty Limited & Ors [2011] NSWSC 429
Obtaining adequate compensation for owners corporations in building defect matters is a specialised task.
In The Owners Strata Plan 70579 v Midwest Constructions Pty Limited & Ors the Supreme Court considered an owners corporation’s request to vary a referee’s report to make further allowance for superintendence fees, storage costs, protection of goods costs, a contingency allowance, an increased contract period and scaffolding.
Apart for the claim for the superintendence fees issues, where the owners corporation’s evidence was uncontested, the owners corporation’s arguments were rejected by the Court. Those remaining issues are explored below:
Storage of courtyard topsoil fee: The court found that the referee was correct to not allow this fee because there was no evidence that it could not be stored on site safely. Perhaps, if the scheme had a structural engineer’s report to support the argument that the slab could not withstand the soil loading the referee or Court would of found that this fee would be recovered.
This area of law is regularly evolving and the briefing of experts and consideration of expert evidence is becoming more and more specialised.
Thank you to Bannermans Lawyers for this Article