The Owners - Strata Plan No 91322 v Trustees of the Roman Catholic Church for the Archdiocese of Sydney

The Owners - Strata Plan No 91322 (the appellant) brought proceedings against the Trustees of the Roman Catholic Church for the Archdiocese of Sydney (the respondent) concerning a leasehold strata scheme. The dispute centred on the enforcement of statutory warranties under the *Home Building Act 1989* (NSW). The matter was heard by the Court of Appeal of New South Wales.

The primary legal issue before the court was whether the holder of a 99-year lease within a strata scheme qualified as a "successor in title" for the purposes of the *Home Building Act 1989* (NSW), thereby enabling them to enforce the statutory warranties against the developer.

The Court of Appeal considered the nature of leasehold strata schemes and the definition of "successor in title" within the context of the *Home Building Act 1989*. The court reasoned that the statutory warranties were intended to protect owners of residential building work. However, it found that the appellant, as a leaseholder, did not hold a freehold interest and therefore did not fit the definition of a "successor in title" as contemplated by the Act in this context. The court applied principles of statutory interpretation to determine the scope and application of the relevant provisions.

The appeal was dismissed, with the appellant ordered to pay the respondent's costs.