Allan v Renfay Projects Pty Ltd - [2025] NSWDC 357

District Court

New South Wales

Medium Neutral Citation: Allan v Renfay Projects Pty Ltd [2025] NSWDC 357
Hearing dates: 2-4 September 2025, 10 September 2025
Date of orders: 12 September 2025
Decision date: 12 September 2025
Jurisdiction: Civil
Before: Newlinds SC DCJ
Decision:
(1) The Plaintiff’s case is dismissed.
(2) The Plaintiff is to pay the Defendant’s costs of the proceedings.

Catchwords:
BUILDING AND CONSTRUCTION — Residential building work — Claim by homeowner against builder for breach of statutory and contractual warranties
CONTRACT — Proper construction of standard form of Master Builders Association Residential Building Contract
STATUTORY CONSTRUCTION — Home Building Act 1989 (NSW) — Proper construction of s 18B and s 7E warranties as incorporated in contract
STATUTORY CONSTRUCTION — Home Building Act 1989 (NSW) — Proper construction of “relates solely” in Schedule 2 cl 2(2)
STATUTORY CONSTRUCTION — Home Building Act 1989 (NSW) — Proper construction of “specific purpose or result” for purpose of s 18B(1)(f) — Various defects the subject of the claim relating to leaking roof caused by and thus relating solely to defective design — Claim dismissed
STATUTORY CONSTRUCTION — Home Building Act 1989 (NSW) — To what extent can builder be liable for failures caused by design — The Owners – Strata Plan No 66375 v King [2018] NSWCA 170 distinguished and explained

Legislation Cited:
Environmental Planning and Assessment Act 1979 (NSW)
Home Building Act 1989 (NSW) s 7E; s 18B; s 18F; Schedule 2

Cases Cited:
Bellgrove v Eldridge (1954) 90 CLR 613
Blatch v Archer (1774) 98 ER 969
Malec v JC Hutton (1990) 169 CLR 638
Ruxley Electronics v Forsyth [1995] 3 All ER 268
Sellars v Adelaide Petroleum NL; Poseidon Ltd v Adelaide Petroleum NL (1994) 179 CLR 332
The Craftsmen Restoration & Renovations v Boland [2008] NSWSC 660
The Owners – Strata Plan No 66375 v King [2018] NSWCA 170
Tranquility Pools & Spas Pty Limited v Huntsman Chemical Company Australia Pty Limited [2011] NSWSC 75
Willshee v Westcourt [2009] WASCA 87

Category: Principal judgment
Parties: Iain Allan (Plaintiff)
Renfay Projects Pty Ltd (Defendant)
Representation:
Counsel:
M Klooster (Plaintiff)
I Chatterjee (Defendant)
Solicitors:
Somerville Legal (Plaintiff)
G & S Law Group (Defendant)

File Number(s): 2023/155240
Publication restriction: Nil

JUDGMENT

Introduction

Iain Allan (“the Plaintiff”) claims damages against Renfay Projects (“the Defendant”) arising out of what he alleges are a series of breaches of express terms of a written contract for residential building work (“the Contract”) and/or breaches of the statutory warranties in s 18B of the Home Building Act 1989 (NSW) (“Home Building Act”).
The parties entered into a fixed price contract in the sum of $178,185 on 11 February 2016 for residential building works. The form of contract used was the standard Master Builders Association form of contract for residential building work.
For all intents and purposes, the statutory claim is the same as the contractual claim because the terms said to have been breached by the Defendant are the statutory warranties incorporated by force of…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Allan v Renfay Projects Pty Ltd

Details

AGLC: Allan v Renfay Projects Pty Ltd [2025] NSWDC 357
Case: [2025] NSWDC 357
Decision Date: 12 September 2025

CaseChat Overview and Summary

The dispute in Allan v Renfay Projects Pty Ltd arose when homeowner Allan alleged that the builder Renfay Projects Pty Ltd had breached statutory and contractual warranties in the construction of a residential building. The case was heard and determined by the NSW Supreme Court. The homeowner sought damages for various defects, including a leaking roof, which he attributed to defective design. The builder denied liability, arguing that the defects did not arise from the design but were instead due to other factors.

The primary legal issues before the court were the proper interpretation of the statutory warranties under the Home Building Act 1989 (NSW) as incorporated in the Master Builders Association Residential Building Contract, and the extent to which the builder could be held liable for failures caused by design. Specifically, the court had to determine the meaning of the phrase "relates solely" in Schedule 2 cl 2(2) of the Act and the concept of "specific purpose or result" in s 18B(1)(f). The court also had to consider the extent to which the builder could be held responsible for design-related failures, drawing on the precedent set in The Owners – Strata Plan No 66375 v King.

The court found that the defects in question, particularly the leaking roof, were not solely attributable to defective design but were influenced by other factors. Therefore, they did not "relate solely" to the design as required by the statutory provisions. The court held that the builder could not be held liable for failures that were not exclusively design-related. It distinguished and explained the earlier case of The Owners – Strata Plan No 66375 v King, clarifying the scope of builder liability under the Act. Based on this reasoning, the court dismissed the homeowner's claim and ordered that the homeowner pay the builder's costs of the proceedings.

Orders

Orders of the court

(1) The Plaintiff’s case is dismissed.

(2) The Plaintiff is to pay the Defendant’s costs of the proceedings.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	Allan v Renfay Projects Pty Ltd [2025] NSWDC 357
Hearing dates:	2-4 September 2025, 10 September 2025
Date of orders:	12 September 2025
Decision date:	12 September 2025
Jurisdiction:	Civil
Before:	Newlinds SC DCJ
Decision:	(1) The Plaintiff’s case is dismissed. (2) The Plaintiff is to pay the Defendant’s costs of the proceedings.
Catchwords:	BUILDING AND CONSTRUCTION — Residential building work — Claim by homeowner against builder for breach of statutory and contractual warranties CONTRACT — Proper construction of standard form of Master Builders Association Residential Building Contract STATUTORY CONSTRUCTION — Home Building Act 1989 (NSW) — Proper construction of s 18B and s 7E warranties as incorporated in contract STATUTORY CONSTRUCTION — Home Building Act 1989 (NSW) — Proper construction of “relates solely” in Schedule 2 cl 2(2) STATUTORY CONSTRUCTION — Home Building Act 1989 (NSW) — Proper construction of “specific purpose or result” for purpose of s 18B(1)(f) — Various defects the subject of the claim relating to leaking roof caused by and thus relating solely to defective design — Claim dismissed STATUTORY CONSTRUCTION — Home Building Act 1989 (NSW) — To what extent can builder be liable for failures caused by design — The Owners – Strata Plan No 66375 v King [2018] NSWCA 170 distinguished and explained
Legislation Cited:	Environmental Planning and Assessment Act 1979 (NSW) Home Building Act 1989 (NSW) s 7E; s 18B; s 18F; Schedule 2
Cases Cited:	Bellgrove v Eldridge (1954) 90 CLR 613 Blatch v Archer (1774) 98 ER 969 Malec v JC Hutton (1990) 169 CLR 638 Ruxley Electronics v Forsyth [1995] 3 All ER 268 Sellars v Adelaide Petroleum NL; Poseidon Ltd v Adelaide Petroleum NL (1994) 179 CLR 332 The Craftsmen Restoration & Renovations v Boland [2008] NSWSC 660 The Owners – Strata Plan No 66375 v King [2018] NSWCA 170 Tranquility Pools & Spas Pty Limited v Huntsman Chemical Company Australia Pty Limited [2011] NSWSC 75 Willshee v Westcourt [2009] WASCA 87
Category:	Principal judgment
Parties:	Iain Allan (Plaintiff) Renfay Projects Pty Ltd (Defendant)
Representation:	Counsel: M Klooster (Plaintiff) I Chatterjee (Defendant) Solicitors: Somerville Legal (Plaintiff) G & S Law Group (Defendant)
File Number(s):	2023/155240
Publication restriction:	Nil