FACTS
The case of The Owners – Strata Plan No 90018 v Parkview Constructions Pty Ltd [2022] NSWSC 1123 involved a claim made by an owner’s corporation against a builder, for defects in breach of statutory warranties regarding common areas in a residential apartment complex.
The Owners Corporation sued for several breaches of several warranties under the Home Building Act 1989 (NSW), however further breaches also arose in the course of the action.
The builder’s legal lawyer argued, inter alia, that the new defects identified in the course of the action provided separate causes of action and accordingly that the Owners association could not claim them, as they were out of time.
ISSUE
Was the claim for newly discovered defects required to be brought as new causes of actions, or were multiple defects breaching multiple statutory warranties able to be condensed under one cause of action?
FINDING
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