Residential Focus: In the media, in practice and courts, cases and legislation - Construction & Planning

In the media

NSW Construction Compliance Unit receives funding boost
The NSW Government will deliver $1.3 million a year in funding to the state's Construction Compliance Unit (CCU), in addition to increase unannounced and commencing stakeholder consultations. It is said that this will strengthen industrial relations and procurement oversight for Government projects (15 February 2023). More....

NSW home buildings becoming more expensive amid increasing cost of glass, cement, aluminium
The Housing Industry Association has stated that the cost of commodities such as concrete and glass are continuing to increase, increasing the cost of building a home (25 February 2023). More....

Calls for greater transparency in construction industry as another major Aussie building buckles
There are calls for greater transparency in the construction industry after EQ Constructions, a luxury NSW apartment building went into administration, owing millions and leaving employees and projects in limbo (14 February 2023). More....

In practice and courts

Decision reserved as at 24 February 2023
The Court of Appeal maintains a list of matters before the Court for which judgment is reserved. Read more here.

Cases

The Owners - Strata Plan No 84674 v Pafburn Pty Ltd [2023] NSWSC 116
CIVIL LIABILITY ACT - owners corporation sues builder and developer for building defects - breach of statutory duty imposed by s 37 Design and Building Practitioners Act - non-delegable duty by reason of s 39 Design and Building Practitioners Act - proportionate liability - apportionable claims - whether ss 5Q, 39(a) Civil Liability Act operate such that claim is not apportionable.
Civil Liability Act 2002 (NSW); Design and Building Practitioners Act 2020 (NSW).

Vidler v Lee t/as Northern Rivers Landscaping [2023] NSWCATAP 52
APPEAL - NCAT - appeal from Consumer and Commercial Division - no question of law - leave to appeal - new evidence - expert evidence - weight to be afforded expert evidence where there has been non-compliance by both parties with Procedural Direction 3 - unjust result - remitter.
Civil and Administrative Tribunal Act 2013 (NSW); Evidence Act 1995 (NSWQ); Home Building Act 1989 (NSW); Home Building Regulation 2014 (NSW).

Zahrouni v Vesta Homes Pty Ltd [2023] NSWCATAP 49
BULDING AND CONSTRUCTION - Home building - work orders of Tribunal - renewal of proceedings in Tribunal - scope and nature of renewal proceedings.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW); Residential Tenancies Act 2010 (NSW).

Superb Build Pty Ltd v Petrosyan [2023] NSWDC 2
CIVIL PROCEDURE - stay of enforcement pending determination of related proceedings
BUILDING AND CONSTRUCTION - stay of judgment giving effect to adjudication under Building and Construction Industry Security of Payment Act 1999 (NSW).
Building and Construction Industry Security of Payment Act 1999 (NSW); Civil Procedure Act 2005 (NSW); District Court Act 1973 (NSW); Home Building Act 1989 (NSW).
Civil Procedure Act 2005 (NSW); Environmental Planning and Assessment Act 1979 (NSW); Swimming Pools Act 1992 (NSW); Swimming Pools Regulation 2018 (NSW); Uniform Civil Procedure Rules 2005 (NSW).

Qui v Balmoral Street Developments Pty Ltd [2023] NSWCATAP 60
APPEAL - significant delay in lodgement - insufficient apparent merit to warrant extension of time
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Strata Schemes (Freehold Development) Act 1973 (NSW); Strata Schemes Development Act 2015 (NSW).

In-Style Developments Pty Ltd v La & Anor [2023] NSWDC 23
BUILDING AND CONSTRUCTION - whether notice to rectify defective or incomplete works invalid - whether owners' termination of contract unlawful - whether the conduct by the owners (or the architect on their behalf) prevented the builder from substantially complying with his obligations to complete - whether cap on compensation under contract excludes or modifies right to compensation for defective works supplied in breach of statutory warranties - whether costs for strip out or structural works necessary and reasonable
Home Building Act 1989 (NSW); Uniform Civil Procedure Rules 2005 (NSW).

Rehman v F&F Smart Homes Pty Ltd [2023] NSWCATCD 12
BUILDING AND CONSTRUCTION - claims for defective, incomplete work, and delay - whether work order or money order should be made.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Regulation 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW).

Egan v Egan [2023] NSWCATCD 10
BUILDING AND CONSTRUCTION - application to adjourn proceedings - application to file further evidence - application for summary dismissal - the guiding principle of the Civil and Administrative Tribunal Act 2013 (NSW)
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW).

Denmeade v Travers [2023] NSWCATCD 3
REAL PROPERTY - HOME BUILDING - defective and incomplete works - work order or money order - Home Building Act 1989 ss 18B, 18F, 48MA.
Home Building Act 1989 (NSW); Home Building Regulation 2014 (NSW).

Martignago v Visual Building Construction Pty Ltd [2022] NSWCATCD 219
BUILDING AND CONSTRUCTION - Home Building Act 1989 (NSW) - defects in building work - whether a work or a money order should be made in respect of defects in building work - assessment of the quantum of damages
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW).

Babhoota v AMT Grand Homes Pty Ltd [2022] NSWCATCD 217
BUILDING AND CONSTRUCTION - Home Building Act 1989 (NSW) - Defective building work - Variation of contract - whether exchange of emails satisfied requirement for variation to be in writing and signed - expert evidence.
Electronic Transactions Act 2000 (NSW); Home Building Act 1989 (NSW).

Tran v Buildarch Pty Ltd [2022] NSWCATCD 214
BUILDING AND CONSTRUCTION - Home building - limitation period - s 48K(8) Home Building Act 1989 - whether to transfer proceedings to the District Court.
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW).

Nu-Stone Building Pty Ltd v McInerney [2023] NSWSC 67
PRACTICE AND PROCEDURE - application for a stay of proceedings pending determination of application for leave to appeal and any appeal from a decision of the Appeal Panel of the Civil and Administrative Tribunal of New South Wales - whether there is an arguable ground of appeal on a question of law - whether arguable that leave to appeal would be granted - where there is a risk of substantial prejudice to the plaintiff if that the orders are not stayed - where there is no or limited risk of substantial prejudice to the defendants if the orders are stayed - balance of convenience and the interests of justice favour the granting of a stay.
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW); Uniform Civil Procedure Rules 2005 (NSW).

The Owners - Strata Plan No 89005 v Stromer (No 3) [2022] NSWSC 1707
CIVIL PROCEDURE - summary disposal under UCPR r 13.4 - sismissal of cross-claim - defective pleading concerning statutory duty under s 37 of the Design and Building Practitioners Act 2020 (NSW) - whether Scott Schedule provided by the cross-claimant adequately identifies the precautions the building supervisor should have taken to manager the risk of harm.
Design and Building Practitioners Act 2020 (NSW); Home Building Act 1989 (NSW); Uniform Civil Procedure Rules 2005 (NSW).

Kora v Ian's Roofing Pty Ltd [2023] NSWCATAP 42
APPEALS - question of law - no issue of principle - leave to appeal - no issue of principle
Australian Consumer Law; Corporations Act 2001 (Cth); Civil and Administrative Tribunal Act 2013 (NSW).

Russell v Perri t/as Ferral Concreting [2023] NSWCATCD 7
COSTS - Party/Party - general rule that costs follow the event.
COSTS - Party/Party - self represented litigant.
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW).

Hua Nan Trading Pty Ltd v The Owners - Strata Plan No 32396 [2022] NSWCATCD 213
LAND LAW - Strata titles - Section 106(6) of the Strata Schemes Management Act 2015 - applicability of s41 of the Civil and Administrative Tribunal Act 2013 to s106(6).
Civil and Administrative Tribunal Act 2013; Strata Schemes Management Act 2015; Home Building Act 1989; Residential (Land Lease) Communities Act 2013.

Babhoota v AMT Grand Homes Pty Ltd [2022] NSWCATCD 205
COSTS - where parties had mixed success - whether settlement offer a genuine offer of compromise - whether offer unreasonably refused.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW).

Fayazi v Commissioner for Fair Trading [2023] NSWCATOD 15
OCCUPATIONS - builders - licences and registration - whether the applicant is a fit and proper person to hold a licence.
Administrative Decisions Review Act 1997 (NSW); Home Building Act 1989 (NSW); Work Health and Safety Act 2011 (NSW).

Legislation

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

Australia: Residential Focus: In the media, in practice and courts, cases and legislation

In the media

In practice and courts

Cases

Legislation

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