SYSTEMIC
FAULT IN BUILDINGS
Reported 08/09
In
the Supreme Court a body corporate
at Pyrmont won damages against the Office of Fair Trading (NSW)
which is the statutory insurer for the strata property. Held that
although some defects such as a leaking bathroom were not reported in
the original insurance notification period they could be included in
future claims because they were part of widespread systemic
construction flaws.
Therefore,
once a defect is found to be
systemic and provided the original notification was made withn the
correct time, it does not matter when the later notification is made.