The Owners - Strata Plan 65111 v Meriton Apartments Pty Ltd

The Owners - Strata Plan 65111 brought proceedings against Meriton Apartments Pty Ltd regarding the construction and rectification works carried out in the residential building. The dispute centred on the proper construction of the settlement deed and the obligations of the builder under the contract to do residential building work. The dispute was ultimately referred to a referee, who made findings on the proper construction of the agreement. The Owners challenged the referee’s findings, arguing that the referee erred in law.

The central legal issue before the court was whether the referee had correctly interpreted the settlement deed, particularly regarding the nature of the builder’s obligation to effect rectification works and whether the certifier had the power to alter the manner in which these works were carried out and the standard to be achieved. The court had to determine if the referee had erred in law in making the findings that were contested by the Owners.

The court found that the referee had correctly interpreted the settlement deed, affirming that the builder’s obligation to effect rectification works did not necessarily mean that the certifier could alter the manner in which these works were to be carried out or the standard to be achieved. The court held that the referee’s findings were consistent with the proper construction of the settlement deed. As a result, the Owners’ challenge to the referee’s findings was dismissed.

The court made an order that the Owners pay the respondent’s costs of the appeal, which were assessed at $12,500.