Even award-winning projects can end up in serious legal disputes. The ongoing Supreme Court case Owners Strata Plan 97536 v Bridgelane Property, involving The Burcham in Rosebery, shows how building defects can lead to years of litigation between owners and developers. Julian and Renee at Flash Conveyancing closely monitor this case to help clients understand the risks when buying or selling in strata schemes affected by high-value disputes.
The dispute centres on the Owners Corporation of The Burcham and Bridgelane Property. Completed around 2018, the building—an adaptive reuse of the 1918 Wrigley’s gum factory—was widely praised for its design and sustainability. The proceedings involve claims under the statutory warranties of the Home Building Act 1989 (NSW) and potential breaches of the statutory duty of care under the Design and Building Practitioners Act 2020 (NSW).
Recent court directions in March and April 2026 highlight key risks for buyers:
- Valuation shortfalls: Where a building is subject to ongoing Supreme Court proceedings, lenders may restrict finance. Buyers may need to contribute larger deposits.
- Special levies: Litigation is costly. Owners Corporations may raise special levies to fund legal fees and expert reports.
- Wait-and-see effect: Vendors may struggle to achieve premium prices until proceedings are resolved and rectification works are funded or completed.
To mitigate risk, Flash Conveyancing recommends a “litigation audit” before purchasing:
- Meeting minutes: Review for references to expert conclaves, court directions, or ongoing disputes.
- Litigation funding: Identify whether the case is funded by levies or external funders.
- Sinking fund position: Ensure legal costs are not depleting funds needed for maintenance.
Flash Conveyancing Advice:
Buying into a building involved in Technology and Construction List litigation means you are effectively purchasing both property and exposure to a legal process. Julian and Renee help clients understand these risks in plain English, so you can weigh the potential upside of a rectified building against the uncertainty of ongoing litigation.
Flash Conveyancing, led by Julian and Renee, specialises in property transactions across New South Wales. With extensive experience across councils including Blacktown, Hawkesbury, Blue Mountains, The Hills, Hornsby, and Parramatta, they deliver a clear, practical and personalised approach to every settlement.