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Posted: 03 March 2010

In The Owners Strata Plan No. 64970 v Austruc Constructions Limited & Anor (No 3) [2010] NSWSC 60 (18 February 2010), the Supreme Court of New South Wales determined whether a Referee's explanation impacted on findings previously made in judgment ([2009] NSWSC 208), whether the Referee's Report in respect of architect's liability for Contents Claim should be adopted, and whether artchitect's limitation defence was available.  The Court dismissed and/or refused/rejected the claims by adopting the terminology from a number of earlier related proceedings.  The Court held that it's judgment should be read in accordance with those previous judgments.

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