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ARTICLE · 01 MARCH 2016

Residential Focus - 24 February 2016

Holding Redlich
Holding Redlich
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Holding Redlich

Holding Redlich

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This newsletter includes media releases, reports, cases and legislation relating to residential design and construction.

AustraliaReal Estate and Construction
Christine Jones
Christine Jones
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Lee v Ace NSW Pty Ltd [2016] NSWCATAP 29

The Respondent was a head contractor (the Head Contractor). The sole director of the Head Contractor and his wife were constructing a residential dwelling. Although it was not the registered proprietor of the property, the Head Contractor brought proceedings on its own behalf and in its own name in alleging that defective works were performed by its subcontractor, the Appellant (the Subcontractor).  The Head Contractor alleged that the Subcontractor had breached the statutory warranty under s 18B(f) of the Home Building Act 1989 (NSW) (Act).

The issue was whether the Head Contractor could sue the Subcontractor for breach of statutory warranties under s 18B(f) of the Act.  The Tribunal below concluded that it was permissible for the Head Contractor to bring proceedings against the Subcontractor. The Subcontractor appealed.

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