Guarantee

Guaranteeing a Guarantee – Now and into the Future.

Mark Gunning, Barrister of Nine Wentworth Chambers, has provided Turnbull Bowles with a valuable case note which will be of great interest to anyone who regularly obtains or is required to provide personal Guarantees as part of their business. Mr Gunning refers to a recent decision of the NSW Court of Appeal which serves as […]

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KEEP OUT? No, an Owners Corporation cannot block access to a Lot.

It seems to be a matter of common sense that an Owners Corporation cannot block access to a Lot in a Strata scheme.  After all, an Owners Corporation is a group of Lot Owners; how could such a group impede access to a Lot owned by one of their colleagues? But sometimes the most obvious […]

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Section 48MA of the Home Building Act 1989-Recent Decisions

Section 48MA of the Home Building Act 1989 (“the Act”)  applies to all proceedings involving a claim for breaches of Section 18B of the Act which were filed after 15 January 2015. Section 48MA provides that: “A court or tribunal determining a building claim involving an allegation of defective residential building work or specialist work […]

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Security of Payment Act Update: Implications of an Invalid Payment Claim

In the recent Supreme Court decision of Patrick Stevedores Operations No 2 Pty Ltd (Patrick) v McConnell Dowell Constructors (Aust) Pty Ltd [2014] His Honour Justice Ball considered the question of what constitutes “construction work or the supply of related goods or services” pursuant to the Building and Construction Industry Security of Payment Act 1999 […]

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High Court Update: Owners Corporations Cannot Sue Builders For Negligence

On 8th October 2014 the High Court of Australia handed down a long – awaited decision: Brookfield Multiplex v Owners Corporation Strata Plan 61288 & Anor [2014] 8C036. The unanimous decision establishes that the builder of a Strata Scheme (or any other residential building works) does not owe a “duty of care” in negligence to […]