Australia: Residential Focus - 9 May 2018: Part 2

Last Updated: 21 May 2018
Article by Christine Jones, Stefanie Dunnicliff and Divya Chaddha
Most Read Contributor in Australia, September 2018

In the media

HIA: Population helps maintain healthy building approvals
"New dwelling approvals have strengthened in Australia's population and economic hotspots," explained Shane Garrett, HIA's Senior Economist. Building approvals data for March released by the ABS today indicate that total new dwelling approvals grew by 2.6 per cent during the month and were 14.5 per cent higher than a year earlier (03 May 2018). More...

New South Wales

South Sydney builder sentenced to home detention over fake insurance
A builder from south Sydney has been sentenced to eight months home detention after using fake home warranty insurance to win two building contracts, Minister for Innovation and Better Regulation Matt Kean said. The court was told he provided fraudulent home warranty insurance certificates to customers in Minto and Prestons in 2015 to retain his building contracts (03 May 2018). More...

Unlicensed builders putting consumers in jeopardy
The rap sheet against Matthew Rixon was damning, for his 2015 offence, he was finally thrown behind bars. He was given an 18-month sentence with a 12-month non-parole period. Whilst the judgement intended to send a message to repeat offenders, the case underscored the problems which consumers – often elderly – face from unlicensed and unscrupulous builders and trade contractors (01 May 2018). More...

NSW successfully calls for national report on liability for rectifying unsafe aluminium cladding
The NSW Government has successfully called for a national report to examine who is liable for having unsafe cladding rectified on buildings, Minister for Innovation and Better Regulation Matt Kean said. The report is the latest step in a series of ongoing reforms regarding the use of cladding across NSW (27 April 2018). More...

Published

Australian Bureau of Statistics

03/05/2018 Building Approvals, Australia, Mar 2018 (cat no. 8731.0)

Cases

New South Wales

Dimitropoulos v Capital Constructions Pty Ltd; Capital Constructions Pty Ltd v Dimitropoulos [2018] NSWCATAP 100
CONTRACT LAW – termination on notice – substantial breach – meaning of "substantial".
REPUDIATION – election – manner by which repudiation can be accepted – reasonable time to make election – conduct in performance of contract while considering notice under contract.
COSTS – exercise of discretion.

Ingate v Andrews [2018] NSWCATAP 99
HOME BUILDING – Builder's claim against owner for undocumented variations – Quantum Meruit – Relevant Principles – Application of Principles – Appeal Dismissed.

Carrigan v NSW Fair Trading [2018] NSWCATOD 60
ADMINISTRATIVE REVIEW – Home Building – Application for individual contractor licence – Where application rejected on basis that applicant did not meet requirements of an instrument made by the respondent – Whether the Tribunal is satisfied that the applicant has the requisite qualifications and experience to be a builder.

Blessed Sydney Constructions Pty Ltd v Vasudevan [2018] NSWCATAP 98
RENEWAL OF PROCEEDINGS – powers of Tribunal on renewal application – cl 8(4) of Sch 4 to the Civil and Administrative Tribunal Act 2013 (NSW) – construction of "any other appropriate order under this Act or enabling legislation as it could have made when the matter was originally determined" – whether Tribunal has power to make an order for the payment of money in place of a work order – Tribunal has power to make order for the payment of money by way of damages in this case even if such an order was not appropriate when the proceedings were originally determined.

Knox v Bollen; Bollen v Knox [2018] NSWCATAP 106
APPEAL – costs where proceedings settled – adequacy of reasons – Mr Knox (the homeowner) and Mr Bollen (the builder) applied for costs. Their applications arose from the settlement of their respective substantive applications (HB 16/32832 and HB 17/04418), which were brought under the Home Building Act 1989 (NSW).

Grant v Gillham; Christopher J Grant Pty Ltd v Gillham [2018] NSWCATAP 104
APPEAL: Home building – Identity of contracting parties – Breach – Determination of compensation – Adequacy of reasons.

SHMH Properties Australia Pty Ltd v City of Sydney Council [2018] NSWLEC 66
APPEAL – modification of development consent – development consent to change use of building to boarding house and associated alterations to building – deletion of deferred commencement conditions requiring submission of BASIX certificate – whether development is "BASIX affected development" – whether building is "BASIX affected building" – whether certain units in the boarding house are "dwellings" – modification refused.

Central Projects Pty Ltd v Davidson [2018] NSWSC 523
BUILDING AND CONSTRUCTION – Progress payments – Effect of omission of information from a supporting statement under Building and Construction Industry Security of Payment Act 1999 (NSW) s.13(9) – Effect of failure to serve a supporting statement under Building and Construction Industry Security of Payment Act 1999 (NSW) s.13(7).

Rekrut and Scott v Champion Homes Sales Pty Ltd; Champion Homes Sales Pty Ltd v Rekrut and Scott [2018] NSWCATAP 97
COSTS – NCAT Internal appeal – amount in issue in excess of $30,000 – r.38A of the Civil and Administrative Tribunal Rules 2014 (NSW) and cl.20(4) of the Consumer, Trader and Tenancy Tribunal Regulation 2009 (NSW) – no issue of principle COSTS – general rule that costs follow the event – application of the rule and discretion – no issue of principle.
Both appeals were from orders in proceedings in the Consumer and Commercial Division (file number HB 13/66604) arising out of home building work carried out by the builder for the owners.

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.

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