Event and Time
Event Description
- The case involves the Owners Corporation of a five-storey apartment block in Little Bay, which finds itself facing defects in construction linked to water penetration.
- The Building was designed and constructed by Pimas Gale Constructions Pty Ltd under a D&C Agreement with Little Bay South 4 Pty Ltd.
- Brookfield Residential Developments Australia Pty Ltd acted as the Superintendent for this Contract.
- The Owners Corporation filed a Notice of Motion seeking leave to amend a Technology and Construction List Statement on 19 October 2023.
Application and Claims
- The Owners Corporation claims that defects in the construction, particularly concerning flashings and water penetration, are the responsibility of Brookfield as the Superintendent.
- The Owners Corporation is looking to hold Brookfield liable under the Design and Building Practitioners Act 2020 (NSW), specifically section 37, which implicates a duty of care owed by entities involved in construction work.
Judicial Decisions
- The Court refused leave for the Owners Corporation to amend the Technology and Construction List Statement against Brookfield.
- The ruling was based on a lack of sufficient particulars supporting the claims against Brookfield under the statutory duty established in the DBP Act.
Dispute Points and Legal Basis
Dispute Points
- Owners Corporation:
- Alleges that Brookfield, in its capacity as Superintendent, had responsibilities related to the quality of the construction and should have performed inspections and assessments to prevent defects. - Argues that Brookfield breached its duty of care, leading to economic loss.
- Brookfield:
- Contends that the Owners Corporation failed to provide specific evidence or allegations regarding Brookfield's actions or omissions that would support claims of engagement in construction work or breach of duty. - Claims that the allegations made by the Owners Corporation are unparticularized and lack the necessary detail to establish any negligence or breach.