Opal Tower unit owners class action
Opal Tower unit owners have launched a class action in the Supreme Court of NSW against Sydney Olympic Park Authority (the Authority), a NSW Government body which owned the land on which the Opal Tower was built.
Claim against the Authority
The unit owners’ action is based upon the contention that:
Unconventionally, the developer ‘Ecove’ and its contracted builder ‘Icon’ of the Opal Tower are not being pursued by the unit owners in the proceedings, the unit owners apparently preferring the deep pockets of a government entity. It will not be surprising if Ecove and Icon are involved through cross claims.
What’s at stake?
The unit owners are seeking to recover a significant losses for, amongst other things:
Premier Gladys Berejiklian has commented that “full weight of the law will be applied if anyone is found to have done the wrong thing”.
Should the unit owners be successful in their action, any judgment against the Authority will be paid from public funds.
Author: Jeffery Shi and Divya Chaddha
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Magerovski v Commissioner of Fair Trading  NSWSC 931
(1) Dismiss the notice of motion filed by the plaintiff and Georges River Holdings Pty Limited on 12 July 2019.
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Home Building Act 1989 (NSW); Licencing and Registration (Uniform Procedures) Act 2002 (NSW)
K & K Ventures Pty Ltd v Attar  NSWCATAP 182
APPEAL – Costs – rule 38 – rule 38A - no requirement to establish special circumstances – capitulation by respondent on appeal – acceptance of absence of jurisdiction under Home Building Act 1989 - general discretion to award costs – costs awarded on appeal – costs awarded at first instance from date jurisdiction put in issue.
Petropoulos v CPD Holdings Pty Ltd t/as The Bathroom Exchange  NSWSC 897
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Proclamations commencing Acts
Building and Construction Industry Security of Payment Amendment Act 2018 No 78 (2019-340) — published LW 19 July 2019
Regulations and other miscellaneous instruments
Building and Construction Industry Security of Payment Amendment Regulation 2019 (2019-341) — published LW 19 July 2019
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.
Published by Christine Jones, Jeffery Shi, Divya Chaddha