The Owners of Strata Plan 93357 v Bloc (ACT) Pty Ltd

In the case of The Owners of Strata Plan 93357 v Bloc (ACT) Pty Ltd, the plaintiffs, the owners of a strata plan, sought to bring proceedings against the defendant, Bloc (ACT) Pty Ltd, a construction company, for alleged defects and non-compliance with building regulations. The dispute centred on whether the plaintiffs' claims were brought within the requisite time limits under the Limitation Act 1969 (NSW) and whether an interim occupation certificate authorised the occupation and use of the "whole of the building" for the purposes of the Home Building Act 1989 (NSW). The case was heard by the Supreme Court of New South Wales.

The primary legal issues that the court had to resolve were whether the plaintiffs' claims were time-barred under the Limitation Act 1969 (NSW) and whether the interim occupation certificate authorised the occupation and use of the entire building. Additionally, the court had to determine whether the plaintiffs' claims under the Home Building Act 1989 (NSW) and the Design and Building Practitioners Act 2020 (NSW) were adequately articulated in the pleadings and whether a schedule setting out the risks and steps to manage those risks was necessary. The court also had to consider an application to strike out the claims on the basis of insufficiency.

The court found that the plaintiffs' claims were not brought out of time as the interim occupation certificate did not authorise the occupation and use of the "whole of the building". This meant that the limitation period had not commenced until the building was fully occupied and used. The court also determined that the plaintiffs' claims under the Home Building Act 1989 (NSW) and the Design and Building Practitioners Act 2020 (NSW) were adequately articulated in the pleadings and did not require a schedule setting out the risks and steps to manage those risks. The court dismissed the defendant's application to strike out the claims.

The court ordered that the defendant pay the plaintiffs' costs of the application to strike out the claims.