| Philip v JPM Developments Pty Ltd (NSWSC) - judgments and orders - declaratory and injunctive orders - costs order against non-party |
| TJ King v Qld Building and Construction Commission (QSC) - judicial review - power to require rectification - ‘building work’ - multiple directions - consequential damage |
| Summaries With Link (Five Minute Read) |
Philip v JPM Developments Pty Ltd [2015] NSWSC 495
Supreme Court of New South Wales
Sackar J
Judgments and orders - costs against non-party - Court gave judgment in proceedings - parties submitted proposed declaratory and injunctive orders - plaintiff also claimed sole director and shareholder of defendant be responsible for costs of litigation in event defendant was unable to pay - defendant accepted that as unsuccessful party it should pay costs on ordinary basis - s98(1) Civil Procedure Act 2005 - held: proposed orders too broad and did not reflect way in which case conducted and decided - form of orders restricted - Court satisfied in circumstances that director should be responsible for costs of proceedings if defendant unable to pay
Philip
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TJ King v Qld Building and Construction Commission [2015] QSC 79
Supreme Court of Queensland
Dalton J
Judicial review - applicant had relocated a house - applicant directed by respondent to rectify works associated with relocation on two occasions - applicant submitted work carried out was not ‘building work’ under Queensland Building Services Authority Act 1991 (Qld), and that respondent’s discretion to give direction pursuant to s72 could only be exercised once - whether power to rectify consequential damage caused by carrying out building work should be implied under s72 - held: work pursuant to contract with house owner was building work - respondent had power to issue second direction - where no power to order rectification of consequential damage specifically given by legislation, respondent did not have power to order rectification of consequential damage.
TJKing
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