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.
