The Supreme Court of NSW in The Owners – Strata Plan 80647 v WFI Insurance Limited t/as
Lumley Insurance [2015] NSWSC 1161 dealt with the issue of a claim by owners corporation
against builder for damages for loss suffered by reason of breach of statutory warranties was
provable in Bankruptcy or fell outside because it was a claim for unliquidated damages that was
not “otherwise than by reason of a contract or promise” within section 82(2) Bankruptcy Act
1966 (Cth).



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