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.

Strata Plan 92450 v JKN Para 1 Pty Ltd & Anor [2022] NSWSC 958 (19 July 2022)