The Owners - Strata Plan 82089 v Omaya Holdings Pty Ltd (No 3)

The Owners - Strata Plan 82089, represented by their corporation, brought an action against Omaya Holdings Pty Ltd, as well as other defendants, in the Supreme Court of Victoria. The plaintiffs alleged defects in the construction of a building, including issues with general safety and fire safety measures. The crux of the dispute was whether the "effective height" of the building exceeded 25 metres, which would necessitate specific fire safety provisions. The plaintiffs also sought to establish the existence of a contract between the developer and a third party, despite the absence of a written agreement.

The court was required to interpret the Building Code of Australia to determine the "effective height" of the building, and whether the garbage collection area or the car park entry constituted the "lowest storey." Additionally, the court had to examine whether a contract could be inferred from the circumstances, even in the absence of a written agreement, particularly in light of the third defendant's lack of a license to perform residential building works.

The court held that the "effective height" of the building did not exceed 25 metres, and thus, the fire safety measures in place were adequate. The court determined that the car park entry, and not the garbage collection area, was the "lowest storey" of the building. As for the existence of a contract, the court found that the circumstances did not support the inference of a contractual relationship between the developer and the third defendant. Consequently, the court dismissed the claims against the second and third defendants.

The court ordered the plaintiffs to pay the defendants' costs.