| Kidd v The State of
Western Australia (WASCA) - contract - government agreement for construction of hotel
ratified by legislation - appeal dismissed |
| Metricon Homes Pty
Ltd v Hooper (VSC) - judicial review - house damaged due to movement in slab - VCAT
upheld owner’s claim against builder - appeal dismissed |
| Summaries With Link (Five Minute Read) |
Kidd
-v- The State of Western Australia
2[2015] WASCA 62
Court of Appeal of Western Australia
Martin CJ; Newnes & Murphy JJA
Contract - planning and development -
statutory interpretation - appellants owned or leased apartments near casino -
appellants objected to third respondent’s proposal to construct and operate
hotel as part of complex pursuant to Minister’s approval but without town planning
or development approval - respondents claimed no other approval required due to
combined effect of governmnet agreement and Casino
(Burswood Island) Agreement Act 1985 (WA) which authorised implementation
of agreement - held: appellants’ propositions rejected on basis they were
contrary to natural and ordinary meaning of words used in Act and agreement -
appeal dismissed.
Kidd
|
Metricon
Homes Pty Ltd v Hooper
[2015] VSC 110
Supreme Court of Victoria
Digby J
Judicial review - Victorian Civil and
Administrative Tribunal upheld defendant owner’s claim for costs involved in
demolition and reconstruction of house damaged by unacceptable movement of slab
- Senior Member found earthen fill on which slab founded had not been
adequately compacted by plaintiff builder - builder claimed Senior Member had
no evidentiary basis upon which to conclude it imported and placed fill under
slab or that fill inadequately compacted - reasonableness of factual findings -
Wednesbury unreasonableness -
obligations to accord natural justice and to act fairly - application of Building Code of Australia 2006 - held: VCAT
erred in decision as to non-compliant placement of scoria - error was of no
consequence because VCAT correctly found other breaches by builder caused slab’s
unacceptable movement and distress to dwelling - appeal dismissed.
Metricon
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