124-126 Livingstone Road Marrickville

Verdict

Cost exposure

• Serious building-defect rectification

  Indicative per-lot serious-defect rectification levies (NSW Serious Defects in Residential Apartments research report, 2021; strata special-levy reporting). Scaled for: 1 matter.

  $24,300

• Tribunal and legal costs

  Indicative per-lot share of tribunal and legal costs in a strata dispute (NCAT). Scaled for: 5 matters.

  $5,600

Litigation · 5 matters

• The Owners – Strata Plan 87265 v Saaib; Alexandrova v The Owners – Strata Plan 87265 [2022] NSWCA 63

  Costs and procedure NSWCA 14 April 2022

  APPEALS – from findings of fact – primary judge assessed credibility and reliability of two witnesses – findings not expressed to be based on demeanour – applicable test for appellate intervention – whether primary judge gave sufficient weight to combined effect of relevant circumstances EVIDENCE – tendency evidence – whether evidence relating to a separate building project was significantly probative of the issue concerning the alleged builder’s role in the building project the subject of the p

• The Owners – Strata Plan No 87265 v Saaib (No 2) [2021] NSWSC 394

  Costs and procedure NSWSC 21 April 2021

  COSTS – exceptions to general rule that costs follow the event – offers of compromise – walk away offers made by defendant in early and late stages of proceedings – no real element of compromise in early offer – evidence available at date of later offer raised significant difficulties for plaintiff’s claim – indemnity costs awarded on basis of later offer under Uniform Civil Procedure Rules 2005 (NSW) r 42.15A

• The Owners – Strata Plan No 87265 v Saaib; The Owners – Strata Plan No 87265 v Alexandrova [2021] NSWSC 150

  Building defects NSWSC 1 March 2021

  AGENCY – whether implied actual authority to enter building contract – where builder did not sign contract – where numerous documents signed in name of builder – whether builder authorised nephew to enter into contract on his behalf – no authority found from the circumstances BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – statutory warranties – whether defects part of lot property or common property CONSUMER LAW – misleading or deceptive conduct – causation or reliance – where home w

• The Owners Strata Plan 87265 v Saaib [2020] NSWSC 21

  Costs and procedure NSWSC 30 January 2020

  CIVIL PROCEDURE – notices to produce – client legal privilege – whether documents privileged under s 119 Evidence Act 1995 (NSW) – communications between plaintiff and witness where witness is also defendant in contingent proceedings – implied obligation of confidentiality where dominant purpose of communications is obtaining evidence

• The Owners - Strata Plan 87265 v Saaib [2019] NSWSC 289

  Costs and procedure NSWSC 20 March 2019

  COSTS – security for costs – relevant factors – impecuniosity – delay – risk of stultification – plaintiff’s impecuniosity attributable to the defendant’s conduct COSTS – security for costs – plaintiff strata corporation – liability of members

Decisions naming this scheme, from NSW Caselaw (NCAT and the courts). The quoted line beneath each is the decision's own catchwords; the topic tag is our grouping of those words. Whether a matter helped or hurt the scheme is not assessed here.

Statutory-warranty outlook

Structural cover

Likely expired · est. expiry 10 July 2019

Non-structural cover

Ran to 10 July 2015

NSW Home Building Act periods: 6 years for major or structural defects, 2 years for all others. Estimated from the registration date, not the completion date or building contract, so treat the dates as indicative.

Evidence ledger

What was checked, what it found, how strong the match, and when each source last ran. A source that has not run here yet reads as not checked, never as checked and clear.