Event and Time
Event Description
- Parties Involved: Owners Corporation (Plaintiff) vs. Icon (Defendant Builder)
- Location: Opal Tower at Olympic Park
- Timeline:
- Proceedings commenced: July 2020 - Court orders issued: 14 July 2022 - Referee's report submitted: 3 February 2023 - Notice of Motion filed by Owners Corporation: 20 February 2023 - Icon's motion filed: 2 March 2023
Application and Claims
- Plaintiff’s Claims: Alleged structural and non-structural defects, specifically concerning defective sunshades.
- Defendant’s Position: Defends against the claims and proposes the “C-Bracket Solution” for rectification.
- Referee Findings:
1. Found Icon liable for breach of warranties regarding the sunshades under s 18B of the Home Building Act 1989 (NSW). 2. Concluded that the "C-Bracket Solution" was the proper rectification method.
Judicial Decisions
- The court dismissed the Owners Corporation's motion for the rejection and variation of the referee’s report, ruling that the referee made no error of principle.
Dispute Points and Legal Basis
Dispute Points
- Owners Corporation’s Arguments:
- Claim that the C-Bracket Solution does not conform to the required standards of construction based on the contract. - Argue the Hidden Bracket Solution aligns with the contractual and statutory warranty obligations and maintains the architectural integrity. - Assert that the referee misinterpreted the contract and erred in evaluating the visibility of the brackets associated with the C-Bracket Solution.
- Icon’s Arguments:
- Contend that the referee's findings regarding the compliance of the C-Bracket Solution with the contract are correct and justified based on the evidence. - Highlight that the architectural details drawn in the contract were indicative and do not mandate the use of hidden supports. - Argue the Owners Corporation's claims should not disturb the referee's factual findings.