Executive Strata Pty Ltd

SP81376 · 11 GLENVALE AVENUE PARKLEA, PARKLEA

BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – insurance – construction of home warranty insurance policy – separate questions – whether letter sent in 2012 constitutes a claim under the policy – whether letters sent in 2022 constitute claims within time under the policy – effect of s 92(5) of the Home Building Act – effect of long stop provision in s 103BC of the Home Building Act

SP86807 · 8 SAM SING STREET WATERLOO, WATERLOO

CIVIL PROCEDURE — Originating process — Amendment — claim under Design and Building Practitioners Act 2020 (NSW) — Where no evidence of non-compliance with the Building Code of Australia — Discretionary matters — Where delay in bringing application — Where no evidence of irremediable prejudice — Leave granted conditional on evidence that building work did not comply with Building Code of Australia CIVIL PROCEDURE — Originating process — Amendment — claim under Design and Building Practitioners Act 2020 (NSW) — Whether claim apportionable — Determination as to the applicability of Pt 4 of the Civil Liability Act 2002 (NSW) unnecessary to grant of leave to amend

SP86807 · 8 SAM SING STREET WATERLOO, WATERLOO

CIVIL PROCEDURE — Originating process — Amendment — Disallowance of amendment — claim under the Home Building Act 1989 (NSW) s18B CIVIL PROCEDURE — Originating process — Amendment — Disallowance of amendment — claim under Design and Building Practitioners Act 2020 (NSW) — opportunity to replead