A Win For Owners Corporations – The High Court Dismisses Pafburn And Madarina’s Appeal From The NSW Court Of Appeal On The Issue Of Apportionment

On 11 December 2024, the High Court handed down its decision in Pafburn Pty Limited v The Owners – Strata Plan No 84674 [2024] HCA 49. By a majority of 4 to 3, the High Court held that the duty under section 37 of Part 4 of the Design and Building Practitioners Act...

Hill v Construction Occupations Registrar; Jones v Construction Occupations Registrar (Administrative Review) [2021] ACAT 21

On 10 December 2019, the Building and Construction Legislation Amendment Act 2019 amended the Construction Occupations (Licensing) Act 2004 (COLA) among other things to allow for rectification orders to be made in relation to directors of licensed corporations. The...

The Owners – Units Plan No 3115 v The Trustees of the Master Builders Fidelity Fund Scheme [2019] FCA 115; The Owners – Units Plan No 3115 v The Trustees of the Master Builders Fidelity Fund Scheme [2019] FCAFC 227

These cases involved a large residential apartment complex in Bruce called Elara Apartments which suffered from significant building defects. Elara Apartments was constructed by B & T Constructions (ACT) Pty Ltd (the Builder). Initially the owners corporation...

Davies & Anor v Capital Homes Pty Ltd (Civil Dispute) [2017] ACAT 111

Benjamin John Davies and Prue Davies (the applicants) signed an ACT Home Building Contract on 2 March 2014 with Capital Homes Pty Ltd (the respondent) to build a home at Coombs, ACT. On 7 March 2015, the applicants notified the respondent of defects in an area...