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ARTICLE · 25 OCTOBER 2022

Residential Focus Part 1 - licence to add defects

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A recent decision of the NSW Supreme Court has revisited the Onerati principle post section 18E(2), in a successor in title context.

AustraliaReal Estate and Construction
Christine Jones
Christine Jones
Daniel Fane
Daniel Fane
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Licence to add defects

A recent decision of the NSW Supreme Court has revisited the Onerati principle post section 18E(2), in a successor in title context.

In The Owners - Strata Plan No 90018 v Parkview Constructions Pty Ltd [2022] NSWSC 1123, an owners corporation brought proceedings in the NSW Supreme Court against the builder and developer for 85 defects referable to a breach of one or more statutory warranties. Subsequently, it sought to amend its claim to add:

  • a claim against the builder for breach of the statutory duty under section 37 of the Design and Building Practitioners Act 2020
  • further defects to the breach of statutory warranty claim.

The builder opposed the application to add the further defects to the statutory warranty claim on the basis that:

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