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
NSW legislation
Building Legislation Amendment (Building Classes)
Regulation 2023 - published 24 February 2023
Environmental Planning and Assessment Amendment
(Central-West Orana Renewable Energy Zone Transmission) Order
2023 - published 24 February 2023
Environmental Planning and Assessment Amendment
(Dubbo) Regulation 2023 - published 24 February 2023
Environmental Planning and Assessment Amendment
(Sydney Terminal Building (Central Station) Revitalisation Project)
Order 2023 - published 24 February 2023
Planning Legislation Amendment (National
Construction Code) Regulation 2023 - published 24 February
2023
Fairfield Local Environmental Plan 2013 (Map
Amendment No 4) - published 24 February 2023
Narromine Local Environmental Plan 2011 (Amendment
No 10) - published 24 February 2023
State Environmental Planning Policy (Exempt and
Complying Development Codes) Amendment (Election Signs) 2023 -
published 24 February 2023
State Environmental Planning Policy (Exempt and
Complying Development Codes) Amendment (Miscellaneous) 2023 -
published 24 February 2023
State Environmental Planning Policy (Transport and
Infrastructure) Amendment (Electric Vehicles) 2023 - published
24 February 2023
State Environmental Planning Policy Amendment
(Great Lakes) 2023 - published 24 February 2023
State Environmental Planning Policy Amendment (Land
Use Zones) 2023 - published 24 February 2023
State Environmental Planning Policy Amendment
(National Construction Code) 2023 - published 24 February
2023
State Environmental Planning Policy Amendment
(Redfern-North Eveleigh Paint Shop Sub-precinct) 2023 -
published 24 February 2023
Sydney Local Environmental Plan 2012 (Map Amendment
No 3) - published 24 February 2023
Upper Lachlan Local Environmental Plan 2010
(Amendment No 7) - published 24 February 2023
Wentworth Local Environmental Plan 2011 (Map
Amendment No 3) - published 24 February 2023
Willoughby Local Environmental Plan 2012 (Map
Amendment No 2) - published 24 February 2023
Cessnock Local Environmental Plan 2011 (Amendment
No 37) - published 17 February 2023
Lane Cove Local Environmental Plan 2009 (Amendment
No 40) - published 17 February 2023
Lismore Local Environmental Plan 2012 (Map
Amendment No 4) - published 17 February 2023
Ryde Local Environmental Plan 2014 (Map Amendment
No 1) - published 17 February 2023
Sydney Local Environmental Plan 2012 (Map Amendment
No 2) - published 17 February 2023
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.