Event and Time
Event Description
- Date of Proceedings: July 2020 (Commencement)
- Date of Reference Hearing: December 5-8, 2022
- Date of Referee's Report: February 3, 2023
- Date of Court Order Adoption: April 13, 2023
- Date of Court of Appeal Refusal: November 27, 2023
Application and Claims
- Plaintiff: Owners Corporation of Opal Tower
- Defendant: Icon Co (NSW) Pty Ltd
- Claims:
- The Owners Corporation alleged multiple structural and non-structural defects in Opal Tower, particularly concerning the sunshades on the building façade. - Icon denied liability under the Home Building Act for the alleged defects.
Judicial Decisions
- Decision on Reference:
- The referee found that all sunshades were defective due to structural inadequacies and that the “C-Bracket Solution” was a suitable method for rectification. - On costs, the court found neither party had successfully established their preferred case, and hence no orders for costs were made.
Dispute Points and Legal Basis
Dispute Points
- Owners Corporation:
- Claims that Icon is liable for defects in sunshades under the Home Building Act. - Argues for the adoption of the “Stiffener Plate Method” for repairs. - Seeks full recovery of costs relating to the reference.
- Icon:
- Denies liability for defects and argues alternative repair options. - Advocates for the “C-Bracket Solution” which was presented late in the proceedings. - Seeks an order for the Owners Corporation to cover 85% of costs, arguing that the Corporation wasn’t entirely correct in its claims.