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The Owners – Units Plan No 3115 v The Trustees of the Master Builders Fidelity Fund Scheme [2019] FCA 115; The Owners – Units Plan No 3115 v The Trustees of the Master Builders Fidelity Fund Scheme [2019] FCAFC 227

These cases involved a large residential apartment complex in Bruce called Elara Apartments which suffered from significant building defects. Elara Apartments was constructed by B & T Constructions (ACT) Pty Ltd (the Builder). Initially the owners corporation commenced ACT Supreme Court proceedings against the Builder claiming numerous breaches of statutory warranties under the Building Act. After…

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