The Owners - Strata Plan 82089 v Omaya Holdings Pty Ltd (No 3)
BUILDING AND CONSTRUCTION – contract – defects – where first defendant builder and second defendant developer entered building contract – where plaintiff owners corporation alleges general and fire safety defects – where principal claim arises from contention that the “effective height” of building exceeds 25 metres – whether inadequate fire safety measures for building – construction of the Building Code of Australia – meaning of “effective height” – meaning of “storey” – whether garbage collection area, or, in the alternative, car park entry, is the “lowest storey” of the building BUILDING AND CONSTRUCTION – contract – where plaintiff owners corporation alleges a building contract between the second defendant developer and third defendant – where no written contract – where third defendant not licensed to perform residential building works – whether contract may be inferred by circumstances