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The Canberra Times
The Canberra Times
Brittney Levinson

Owners sink thousands into PBS Building court case now 'unlikely' to continue

Owners of a Canberra apartment complex say they feel "devastated" and "angry" their court action against PBS Building's ACT business may be discontinued.

Some residents are now calling on the ACT government to step in and provide assistance to fix what is understood to be more than 100 defects, including cracking walls and leaking into the basement.

The owners of Symphony Park apartments in Harrison commenced legal proceedings against PBS Building (ACT) Pty Ltd in 2021 for structural defects throughout the 222-unit complex.

But the future of the Supreme Court case is uncertain after PBS Building ACT was placed into liquidation on September 6.

Unit owner Najam Us Saqib outside Symphony Park apartments in Harrison. Picture by Keegan Carroll

The Symphony Park complex was built by PBS Building over three stages and completed in 2016.

The complex was developed by affordable housing provider CHC and was marketed as an affordable option for first home buyers.

First home buyer John Noces purchased a property in the complex two years ago and said his strata levies had significantly increased to cover the legal proceedings.

"It really puts a damper on the feeling of buying your first home," he said.

Court action 'unlikely' to continue

The proceedings had been stayed, or temporarily paused, while five PBS companies were in administration.

In a report to creditors, administrators of the PBS companies stated that in the absence of the court's permission, the proceedings would be "permanently stayed in the event that the companies are wound up".

In a letter seen by The Canberra Times, Moulis Legal, the firm representing owners, wrote to Symphony Park owners on September 6 informing them PBS Building (ACT) Pty Ltd had been placed into liquidation.

The letter confirmed court proceedings remained suspended while the liquidation was finalised.

It said the liquidators may consider the claim as a "contingent creditor" however it would not be possible to continue proceedings once PBS Building (ACT) Pty Ltd was wound up at the end of the liquidation process.

The Symphony Park residential complex was built by PBS Building. Picture by Keegan Carroll

"Accordingly, it is unlikely that any further steps will be taken in the proceedings and the matter will be concluded at the end of the liquidation process," the letter stated.

Moulis Legal was contacted by The Canberra Times but was unable to comment.

'Waste of time, waste of money'

Mr Noces said he felt owners had not been updated regularly on the court case or on PBS Building's administration.

It had left him feeling "angry and annoyed", he said.

Unit owner Najam Us Saqib said he felt "devastated, extremely disappointed and frustrated" by the amount of money spent on court proceedings that could be discontinued.

"Not only me, but all other owners have paid a significant amount of money. There were three big levies raised," he said.

There are more than 200 homes in the Symphony Park complex. Picture by Keegan Carroll

"I individually have paid several thousands of dollars in the name of special and general levies."

Mr Us Saqib said he was worried about the uncertainty of the court case and had contacted several ACT government ministers for assistance.

"I think [the court case] was a waste of time, waste of money," he said.

Another apartment owner, who wished to remain anonymous, said she had to borrow money from a family member to pay for the strata levies.

She purchased an apartment at the complex for her daughter, who has "complex needs", in order to keep her out of social housing.

The unit owner said there was an opportunity now for the ACT government to step in and "advocate for owners".

A crack on the outside of the Symphony Park complex. Picture by Keegan Carroll

The liquidation and wind up of four PBS Building companies is expected to take at least 12 months to complete, administrators have confirmed.

PBS Building entered administration in March, halting work at 24 active job sites across the ACT, Queensland and NSW.

Administrators confirmed there were another 56 projects in a defect liability period.

Symphony Park's executive committee and strata management company did not respond to questions from The Canberra Times.

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