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A $13 million claim for building defects failed, not due to the builder’s work, but due to when the Owners Corporation made its claim to the insurer. In a strict interpretation of the Home Building Act 1989 (NSW), the Supreme Court emphasised that rectification work does not extend the 10-year long-stop period for building insurance claims in NSW.
Defendant(s) to legal proceedings ought to take a cautious approach when requesting that a matter be cross vested to another jurisdiction solely on the basis that they believe the proposed jurisdiction has stronger factual ties, as courts are increasingly balancing a plaintiff’s health and convenience against the broader interests of justice.
