BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Statutory warranty – Compliance with the law – Construction work carried out that did not comply with development consent or construction certificate – Whether in breach of statutory warranty – Whether builder entitled to payment for work – Whether builder repudiated contract – Whether builder entitled to terminate contract by reason of the owner’s non-payment of a progress payment and the exclusion of the builder from the site.

Shanahan v Erwin Fornasier tas Enhance Building [2021] NSWCATAP 158 (31 May 2021)