Strata Plan 92450 v JKN Para 1 Pty Ltd & Toplace Pty Ltd [2022] NSWSC

The Supreme Court of NSW recently handed down a decision on a damages claim regarding building cladding. The Court found that the plaintiff had failed to demonstrate that cladding was combustible and that an ‘alternative solution’ could not be performed to make it comply with the Building Code of Australia.

W+K construction PI specialists Robert Finnigan and Chris Knight explain why this case, which turned on its facts, does not provide an escape mechanism for those liable for the use of non-compliant cladding.

Read the alert in full below.