Case update: is it always unreasonable for owners
not to allow the builder back to rectify?
The recent case of The Owners – Strata Plan
89041 v Galyan Pty Ltd tells us it's not...
In May, the NSW Supreme Court considered the issue of whether an
owners corporation had acted unreasonably in not allowing a builder
to return to site to rectify defects.
The defendant builder submitted that the owners corporation had
acted unreasonably in not allowing it to return to the site to
rectify the defects and on this basis, should pay the costs of the
proceedings.
Relevant Principles
The relevant principles were summarised during submissions on
behalf of the owners corporation:
- a plaintiff is not entitled to recover losses attributable to
its own unreasonable conduct.
