Event and Time
Event Description
This case revolves around a legal dispute concerning the installation of allegedly combustible cladding on a residential unit block owned by The Owners – Strata Plan No 92450 (Owners Corporation) in Parramatta, New South Wales. The plaintiffs seek relief related to statutory warranties as outlined in the Home Building Act 1989 (NSW) (HBA) and question whether the installed cladding complies with the Building Code of Australia (BCA).
Application and Claims
- Parties Involved: The Owners Corporation (plaintiff) vs. JKN Para 1 Pty Ltd and Toplace Pty Ltd (defendants).
- Claims by Owners Corporation:
- Allegations that the Aluminium Composite Panels (ACPs) used as cladding breached the statutory warranties under Section 18B of the HBA due to non-compliance with the BCA. - The Owners Corporation claims it suffered assessable loss recoverable against the defendants.
Judicial Decisions
- The court ruled that the separate questions posed by the Owners Corporation were answered in the negative, stating that:
- The ACP cladding does not comply with the deemed to satisfy provisions of the BCA. - The cladding was not compliant with an Alternative Solution pathway either. - The Owners Corporation had not established breaches of statutory warranties or suffered any proven loss.
- Owners Corporation required to pay the costs.
Dispute Points and Legal Basis
Dispute Points
- Owners Corporation’s Position:
- Claimed the ACP cladding is combustible and did not comply with the BCA. - Alleges breaches of statutory warranties asserting the building is not fit for occupation due to the cladding. - Relied on various expert reports indicating the cladding's combustibility and danger.