29 HUNTER STREET PARRAMATTA

BUILDING AND CONSTRUCTION — Contract — Implied terms — Statutory warranties — Whether building complied with Building Code of Australia (BCA) — Where performance requirements of BCA specified that external walls must be “non-combustible” — Whether external cladding met performance requirements for fire resistance — Where cladding did not comply with “deemed-to-satisfy” provisions — Where no “alternative solution” prepared prior to issue of construction certificate —Home Building Act 1989 (NSW), s 18(1)(c) — Where breach of s 18(1)(c) conceded BUILDING AND CONSTRUCTION — Contract — Damages — Claim for reinstatement damages — Evidentiary onus of proving reinstatement would be unreasonable

BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Statutory warranty — Proceedings for breach — Where the plaintiff owners corporation seeks a range of relief relating to allegedly combustible cladding on a residential unit block — Where the parties seek the determination of several separate questions — Whether the cladding complied with the Building Code of Australia with respect to combustibility — Whether any statutory warranties were breached in relation to the cladding — Whether the plaintiff suffered assessable loss recoverable against the defendants.