McElroy & Ors as Trustees of the Shona and Roger McElroy Family Trust v Lay [pdf, 284 KB]
...trust which owns a dwellinghouse must also be an “owner”. They go on to argue that trusts are often mechanisms for ownership, so that it is the trustees who are the actual proprietors or owners of the house. 16.5 Individual trustees are human beings who may own and occupy, or own and lease, the dwelling. They are the persons who will suffer as a result of the defects in the construction, and will often suffer the stress, anxiety, inconvenience or trauma that may go with...