Owners Corporation SP 69106 v Impression Developer Pty Ltd (ACN 095 022 192)

Owners Corporation SP 69106 (the plaintiff) filed a claim against Impression Developer Pty Ltd (the first defendant), as well as a related entity, Impression Developer (Australia) Pty Ltd (the second defendant), in the Supreme Court of New South Wales. The plaintiff sought damages for the first defendant's alleged breach of a statutory warranty under the Strata Schemes Management Act 1996 (NSW). The claim arose from the first defendant's construction of a multi-level car park that was alleged to have caused damage to the plaintiff's property.

The court was required to determine whether the first defendant had indeed breached the statutory warranty, and if so, the appropriate quantum of damages. The plaintiff argued that the construction of the car park had caused significant structural damage to the building, necessitating costly repairs. The first defendant denied liability, contending that the damage was due to other factors unrelated to their construction activities. The court had to assess the evidence presented and determine the extent of the damages, if any, attributable to the first defendant's actions.

The court found that the first defendant had breached the statutory warranty, and the evidence supported the plaintiff's claims of structural damage. The court assessed the quantum of damages, considering expert reports and the overall impact of the damage on the property. The court awarded the plaintiff damages in the sum of $465,792.75, along with pre-judgment interest totalling $84,076.33, bringing the total to $549,869.08. The first defendant was ordered to pay the plaintiff's costs of the proceedings. The court retained the exhibits for 28 days, providing an opportunity for potential appeals or further review if necessary.