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ARTICLE · 02 AUGUST 2019

Residential Focus: Opal Tower unit owners class action

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Opal Tower unit owners launched a class action against Sydney Olympic Park Authority, which owned the Opal Tower land.

AustraliaReal Estate and Construction
Jeffery Shi
Jeffery Shi
Divya Chaddha
Divya Chaddha
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Opal Tower unit owners class action

Opal Tower unit owners have launched a class action in the Supreme Court of NSW against Sydney Olympic Park Authority (the Authority), a NSW Government body which owned the land on which the Opal Tower was built.

Claim against the Authority

The unit owners' action is based upon the contention that:

  • the Authority is deemed to be a developer within the meaning of the Home Building Act 1989 (NSW) (the Act), as the Authority was the owner of the land on which the Opal Tower was built and retained ownership of a number of lots
  • thereby the Authority owes to the unit owners the statutory warranties implied under the Act
  • the Authority is in breach of the statutory warranties, namely that the Opal Tower was not reasonably fit for occupation and was not built in accordance with the plans and specifications.

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