Oikos Constructions Pty Ltd t/as Lars Fischer Construction v Ostin & Anor [2020] NSWCA 358 (24 December 2020) (Basten JA at [1]; Macfarlan JA at [2]; White JA at [3])


Catchwords:


BUILDING AND CONSTRUCTION – Contract – Home Building Act 1989 (NSW) – Statutory warranties – whether contract confined to negotiated scope of works or expanded to include other works by virtue of the implied statutory warranties – whether building in breach of statutory warranties

CONTRACTS – Remedies – Damages – where loss claimed would have been suffered if contract had been properly performed