In practice and courts
HIA Submissions
Building and Construction Industry Security of Payment Amendment
Bill 2018 and Securing Payments in the Building and Construction
Industry - A Proposal for 'Deemed' Statutory Trusts -
NSW (21 September 2018).
BPB: Updates to 'Planning for Bush Fire
Protection'
Planning for Bush Fire Protection 2018 intended to commence
mid-2019. The NSW Rural Fire Service has released a
'pre-release' version of Planning for Bush Fire Protection
2018. It is intended to commence in mid-2019 and replace Planning
for Bush Fire Protection 2006. Click
here for more information about the updates and transitional
arrangements (11 September 2018).
New dates for Environmental Planning & Assessment
Act Updates
Councils, certifiers and other industry practitioners have
more time to implement some of the recent EP&A Act updates.
Changes affect new provisions for
building and subdivision certification,
Local Strategic Planning Statements for councils in the Greater
Sydney Region and
Community Participation Plans. While most of the changes will
commence on 1 March 2018, there will be a number of other changes
that will involve further design and consultation from mid to late
2018.
Cases
Nutek Constructions Pty Ltd v Slotwinski (No
3) [2018] NSWCATAP 226
INTERLOCUTORY ORDERS – Application for a stay
– no question of principle
Civil and Administrative Tribunal Act 2013 (NSW)
For the following reasons, each application for a stay is
dismissed.
Appellant's submissions - The Homeowner Ms Slotwinski has not
complied the order to pay the Builder $36,500 and has not paid to
the appellant the ordered amount. Accordingly, there is a
significant risk that should the costs be paid to the Homeowners,
the amounts would not be recoverable in the event of a decision
being made in any of the appeal proceedings that reverses the
decision dated 26 July 2018, In that regard, the Builder submits
that Ms Slotwinski has pending bankruptcy proceedings before the
Federal Court of Australia.
Carr v Miller [2018] NSWSC
1424
BUILDING AND CONSTRUCTION – Residential property
contained substantial defects – where purchaser induced to
complete purchase through the provision of fraudulently obtained
home warranty insurance certificates – whether third
defendant (vendor) vicariously liable for the deceit of the second
defendant (son-in-law).
BUILDING AND CONSTRUCTION – Damages for defects – where
first defendant (builder) named on the insurance certificates did
not carry out the building works – whether first defendant
estopped from denying the applicability of statutory warranties
– assessment of rectification damages.
CONTRACT – Interpretation of Deed which purports to deal with
any claims relating the building words – whether Deed
requires the second defendant to indemnify the third defendant for
his deceitful conduct.
COSTS – Usual order for hearing not complied with –
produced court book was productive of excessive inefficiencies
– solicitors not to charge clients for costs in creating and
remedying the court book.
Kong Crete Pty Ltd v Molter
[2018] NSWCATAP 219
(1) Leave is refused for the appellant to appeal on
grounds other than questions of law.
(2) The appeal is dismissed.
APPEAL – Home building dispute – a hearing in the
absence of a party - no error of law on the grounds of procedural
fairness - no other grounds for leave to appeal.
Civil and Administrative Tribunal Act 2013 (NSW); Civil
and Administrative Tribunal Rules 2014 (NSW); Home Building Act
1989 (NSW).
Champion Homes Sales Pty Ltd v Bailey [2018]
NSWCATAP 212
(1) Leave to appeal is refused and the appeal is
dismissed.
APPEAL – Interpretation of contractual provisions –
question of law – leave to appeal.
Civil and Administrative Rules 2014; Civil and Administrative
Tribunal Act 2013; Home Building Act 1989.
Brennan Constructions Pty Ltd v Davison
[2018] NSWCATAP 210
1. Appeal dismissed.
2. Leave to appeal refused.
3. The stay of order (2) of the Tribunal's orders of 12 June
2018 in matter HB 17/22725 is lifted.
BUILDING AND CONSTRUCTION – Whether the Tribunal erred in not
making a work order pursuant to s 48MA of the Home Building
Act – whether the Tribunal erred in allowing late
evidence – whether the Tribunal erred in failing to consider
defences of the Appellant.
LEAVE TO APPEAL – whether leave to appeal should be granted
because the Tribunal failed to appropriate weight to the
Appellant's affidavit evidence - whether leave to appeal should
be granted because the Tribunal preferred the expert's report
relied on by the Respondents over the Appellant's expert
report.
Civil and Administrative Tribunal Act 2013 (NSW);
Environmental Planning and Assessment Act 1979 (NSW);
Home Building Act 1989 (NSW).
Rekrut v Champion Homes Sales Pty Ltd (No
2) [2018] NSWCATAP 208
(1) A hearing on costs is dispensed with under s 50(1)(c)
of the Civil and Administrative Tribunal Act 2013
(NSW).
COSTS – Indemnity costs - Civil and Administrative
Tribunal Act 2013 (NSW); Civil and Administrative Tribunal
Rules 2014 (NSW); Consumer Trader and Tenancy Regulation 2009
(NSW); Home Building Act 1989 (NSW).
Legislation
Bills revised following amendment in Committee
Strata Schemes Management Amendment (Building Defects Scheme) Bill
2018
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.
