In the media
Trucking company fined over 'preventable' deaths
of Irish construction workers
The deaths of two workers were preventable because there
were "simple and practical steps" the trucking company,
Axedale Holdings, could have taken to ensure the panels were
secure, the deputy chief magistrate says (17 May 2018).
More...
Rising weather risk hits construction industry
The construction industry is facing rising risks from
more frequent extreme weather events, Gallagher says in a white
paper. Population increases and the cost of building in the current
economy are also adding to the impact of weather events and placing
more importance on mitigation and preparation (14 May 2018).
More...
Building and construction sector to peak soon
Recent infrastructure-heavy State and Federal Budgets
will not prevent a peaking in the public investment cycle over
2018/19, according to leading construction industry analyst and
economic forecaster, BIS Oxford Economics, officially launching its
civil construction report, Engineering Construction in
Australia 2018 – 2032 (13 May 2018).
More...
Couple had to uncover dodgy builder on own
The failings of the NSW building regulator have been laid
bare in an ombudsman's report after a couple left with a
$528,000 repair bill uncovered a builder's dodgy past with a
simple internet search (16 May 2018).
More...
Strengthening of noise management for housing around
Western Sydney Airport
Recent media reports concerning the noise restrictions
for housing around the Western Sydney Airport are inaccurate. NSW
Government policy on the standard for noise around Western Sydney
Airport has not changed (10 May 2018).
More...
Published
ACI Construction Briefs
A fortnightly communication highlighting key updates
related to Australia's construction industry.
ACI Construction Brief: Budget sprinkles a dose of fairy dust...but
is it enough to win an election? (14 May 2018).
Australian Bureau of Statistics
11 May 2018:
Housing Finance, Australia, March 2018 (cat no. 5609.0).
Practice and courts
More housing options for NSW: Low Rise Medium Density
Housing Code
The
new Code will allow one and two storey dual occupancies, manor
houses and terraces to be built under fast-track
complying development approval across NSW and also promotes
good design for medium density housing. Low-rise medium density
housing as complying development is only allowed where medium
density development is already permitted under a council's
local environmental plan. The Medium Density Housing Code will
commence on 6 July 2018.
Greenfield Housing Code
The changes start on 6 July 2018, the new Code will be
included in the State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008. In essence; it is a
simplifying of the development process and aligning the
requirements for development across greenfield areas; the planning
rules and the code are also presented in plain English to clearly
explain planning rules (11 April 2018).
More...
Note: There will be a three-year transitional period, where applicants can choose whether to use the Greenfield Code, or the new simplified Housing Code or Transitional Code (until 13 July 2019).
Cases
Singh v Mohibi t/as Spotless Finishes Painting and
Decorating [2018] NSWCATAP 115
The appeal is allowed and the decision made on 23
February 2018 is set aside.
The proceedings are remitted for rehearing by the Tribunal, the
parties being permitted to adduce further evidence.
PROCEDURAL FAIRNESS- absence of relevant evidence to support
adjournment application- adequacy of reasons for conclusions.
RESIDENTIAL BUILDING WORK - unenforceable contract - requirements
for written contract- licence number- statutory warranties- quantum
meruit as alternative claim.
Civil and Administrative Tribunal Act 2013 (NSW);
Civil and Administrative Tribunal Rules 2014 (NSW);
Home Building Act 1989 (NSW). More...
Precise Builders (NSW) Pty Ltd v Jones &
Krel [2018] NSWCATAP
112
APPEAL - Home building – Work order – Order
to perform or procure performance of remedial work. Appeal
dismissed. Civil and Administrative Tribunal Act 2013
(NSW); Home Building Act 1989 (NSW). More...
Reozone Pty Ltd v Rene Santoro & Ors
[2018] NSWSC 650
Orders made for payment out of Court. Orders stayed
pending the making of final attempts to locate the mortgagor. Funds
in Court paid out notably among the applicants.
FUNDS - IN - COURT - surplus funds paid into Court after sale of
real property by mortgagee - Trustee Act 1925, s.95 -
Uniform Civil Procedure Rules 2005, r.55.11 -
mortgagor/registered proprietor cannot be found - orders for
substituted service upon mortgagor/registered proprietor made -
mortgagor/registered proprietor primarily entitled to fund in Court
- orders made for additional notice to be given to
mortgagor/registered proprietor - three groups of unsecured
creditors apply for payment out of the funds in Court - one has a
judgment against the mortgagor/proprietor and the others have
unresolved claims - whether payment out of Court should be ordered
and if so on what basis - what steps should be taken to determine
he unresolved claims.
Civil Procedure Act 2005, ss.98(4)(c), 106(1)(c);
Conveyancing Act 1919, ss.23C and 54A; Federal Court
of Australia Act 1976, s.52; Home Building Act
1989.
Zeait v Singh [2018] NSWCATAP
109
COSTS – Application of r.38(2) of the Civil and
Administrative Tribunal Rules 2014 – meaning of
"the amount claimed or in dispute in the proceedings is more
than $30,000" - The Costs Decision concerned the costs of
matters HB 15/07518 (the homeowners' application) and HB
15/32783 (the builder's application). The Tribunal ordered the
builder to pay the homeowners' costs in both applications.
Access Housing Pty Ltd v Rayfield
[2018] NSWSC 599
APPEAL – appeal from Appeal Panel of New South
Wales Civil and Administrative Tribunal – appeal under s.83
of the Civil and Administrative Tribunal Act 2013 –
appeal by leave – appeal "on a question of law"
– no basis for alleged errors giving rise to a question of
law – leave refused.
Knox v Bollen; Bollen v Knox
[2018] NSWCATAP 106
APPEAL – costs where proceedings settled –
adequacy of reasons.
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.
Islam v Metricon Homes Pty Ltd
[2018] NSWCATAP 116
APPEAL – Costs – Gross sum costs orders.
Lucchese v McDonell [2018]
NSWCATAP 120
APPEALS – building engineering and related
contracts – general contractual principles –
termination – accrued rights – remuneration –
deposit – cost of rectification – proof of claim
– departure from the rules of evidence.
CIVIL PROCEDURE – inferior tribunal – Civil and
Administrative Tribunal (NSW) – multiple appeals –
practice and procedure – decisions and orders – set-off
of amounts found to be owed in separate appeals.
GPM Constructions Pty Limited v Baker
[2018] NSWCATAP 119
CONTRACT – whether building contract on foot
– whether owner lost entitlement to damages for defective
building work in such a case – whether the owner had failed
to act reasonably or failed to mitigate her loss by not requesting
the builder to return to rectify defects.
HOME BUILDING ACT – s.48MA, preferred outcome principle,
relevant considerations, what order is appropriate.
FAIR TRADING ACT – s.79U – applicability in
determination of claims under the Home Building Act –
modifications required by Home Building Act – relevance of
s.48MA of Home Building Act.
DISCRETION – order – making power under s.48O of Home
Building Act – application of preferred outcome principle.
Gregorio v Cheadle [2018]
NSWCATAP 118
HOME BUILDING ACT – Statutory construction –
s.18E proceedings for breach of statutory warranty –
limitation period for bringing claim by a successor in title
against owner builder – effect of amendment on limitation
period – nature of right of successor in title under section
18C of the Home Building Act to bring proceedings for breach of
statutory warranties.
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.
