87 HUGHES STREET CABRAMATTA

CIVIL PROCEDURE – default judgment – procedural imbroglio – non-compliance with self-executing order – mistake by defendant’s solicitor – whether Court has power to extend time for compliance – where no ongoing prejudice to plaintiff and defendant’s solicitor submits to personal costs order

BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – statutory warranty – proceedings for breach – whether proceedings were commenced by plaintiff owners corporation within the warranty period – whether effect of interim occupation certificate was to cause warranty period to commence – whether interim occupation certificate authorised “the occupation and use of the whole of the building” – whether the two blocks of units should be seen as “separate buildings” that have separate completion dates ESTOPPEL – promissory estoppel – where parties entered into deed of settlement containing a term allowing plaintiff owners corporation to rescind the deed in particular circumstances – whether plaintiff owners corporation estopped from rescinding deed – alleged representation by conduct inconsistent with express right of rescission – where defendant builder already in breach of contract and exposed to rescission before alleged representation made – no detrimental reliance established LAND LAW – strata title – owners corporation – whether owners corporation has standing to seek compensation for building defects within strata lots – no standing established

COSTS – costs thrown away by the adjournment – whether such costs confined to costs incurred prior to the adjournment – whether such costs include costs not yet incurred but which would not have been incurred but for the adjournment