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ARTICLE · 12 OCTOBER 2018

Residential Focus - 9 October 2018: Part 1: Owner and developer under the HBA

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The Court considered if certain parties to a DMA were owner or developer of land within the meaning of the HBA (NSW).

AustraliaReal Estate and Construction
Christine Jones
Christine Jones
Lauren Stables
Lauren Stables
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In The Owners – Strata Plan 81837 v Multiplex Hurstville Pty Ltd (2018) NSWSC 1488, the Supreme Court of NSW (the Court) considered whether certain parties to a Development Management Agreement (DMA) fell within the definitions of Owner and Developer of land within the meaning of the Home Building Act 1989 (NSW) (HBA) such that they would owe the HBA statutory warranties to successors in title.

Facts

Sydney Land Holdings Pty Ltd (SLH) was the registered proprietor of an industrial site (the Property). SLH obtained development consent to redevelop the Property as a mixed residential, retail and commercial development (the Project). SLH and eleven other companies entered into a DMA in relation to the Project. The First Defendant, Multiplex Hurstville Pty Ltd (Multiplex), was appointed as the development manager under the DMA. The Second Defendant, SLH 22 Pty Ltd (SLH 22), was one of eight parties defined as the Trustees under the DMA and entered into the DMA in a

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