Most Read Contributor in Australia, September 2016
The Trustees of the Roman Catholic Church for the
Diocese of Lismore v T F Woollam and Son  NSWSC
Determination quashed with costs.
[ADMINISTRATIVE LAW] - Building and Construction Industry Security
of Payment Act 1999 (NSW) - jurisdictional error - whether
adjudicator acted outside jurisdiction - whether payment claims
complied with the requirements of s 13(4) and (5) of the Act -
whether compliance with s 13(5) is jurisdictional.
Building and Construction Industry Security of Payment Act 1999
Bell v Hunters Hill Council  NSWSC
CONTRACT - breach of deed - damages - mitigation of damages -
whether plaintiff took reasonable measures to prevent further loss
- expenditure of professional fees on solicitors to mitigate loss -
costs – use of jack hammers on site. More...
The Owners - Strata Plan No 76171 v Warrenby Pty Limited
 NSWSC 1531
PRACTICE AND PROCEDURE - summary judgment - application to dismiss
proceedings against third defendant - application to strike out
pleadings- plaintiff claims there are defects in the Building
caused by building work "involved in the design and/or
construction...performed in breach of the statutory
warranties", implied into the alleged building contracts
pursuant to s 18B of the Home Building Act 1989. More...
Jemena Ltd v Mine Subsidence Board  NSWSC
Plaintiff's claim for expenses incurred in preventing or
mitigating damage to its pipeline caused by mine subsidence not
precluded by its failure to obtain approval from the Mine
Subsidence Board for construction of the pipeline.
ADMINISTRATIVE LAW - judicial review - grounds of review -
irrelevant considerations in defendant's decision not to grant
certificate to retrospectively approve pipeline construction
ENERGY AND RESOURCES - mining - Mine Subsidence Compensation Act
1961, s 15(5)(b) - whether s 15B(3A) certificate required to claim
for works preventing or mitigating damage caused by subsidence -
whether "or anticipated to be caused" can, in effect, be
read into "a claim in respect of damage caused by
subsidence" - consideration of the legislature's intention
- consideration of the phrase "in respect of" - where s
10(3) makes clear distinction between amounts payable in respect of
damage caused by subsidence and preventative or mitigatory
STATUTES - acts of parliament - interpretation - whether
licensing scheme under s 11, Pipelines Act 1967 excuses
non-compliance with requirement to obtain approval from the Mine
Subsidence Board under s 15, Mine Subsidence Compensation Act 1961
- whether the two Acts are inconsistent - where Pipelines Act
specifies acts not to apply to pipelines authorised by licence -
where unlikely that Parliament intended licence to exempt pipelines
from supervision of the Mine Subsidence Board - where Mine
Subsidence Compensation Act more specific than Pipelines Act. More...
Inspector Barber v Leighton Contractors Pty Limited
 NSWIRComm 145
The defendant is fined an amount of $350,000.
OCCUPATIONAL HEALTH AND SAFETY - Prosecution for breach of s 8(1)
of Occupational Health and Safety Act 2000 - Fatality -
Construction Industry - Employee struck by front end loader - Plea
of guilty - Factors relevant to sentencing - Prior convictions -
Defendant convicted of offence - Victim impact statements - Penalty
McCarney v Beahan (Home Building)  NSWCTTT
Compensation for building rectification work
The respondent is to pay the applicant the sum of $85,690.00 on or
before 30 November 2012.
Kelly v Roofing Revamped Sunshine Coast Pty Ltd 
NOTICE TO PRODUCE – where application for QBSA to produce
file – where QBSA documents already before the tribunal
– where no dispute about the QBSA documents – where
requires general in nature. More...
Carlier v Evans Plumbing Pty Ltd & Ors (Domestic
Building  VCAT 1839
DOMESTIC BUILDING DISPUTE – Breach of warranties under
section 8 of the Domestic Building Contracts Act 1995; Fair Trading
Act 1999 – s.18 Australian Consumer Law (Victoria) -
misleading and deceptive conduct; where action is brought by the
end user of the goods against the original supplier - whether
justiciable in the Tribunal. More...
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