This case highlights the interpretation taken by the Court in interpreting the scope of a notional contract under s.18C of the Home Building Act 1989 NSW and whether the notional contract is limited to an actual contract that gives rise to a breach of a statutory warranty under s.18B of the Act and whether a developer is liable under s.18B of the Act for a designer defective design in relation to a notional contract under s. 18C of the Act.
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