Construction Tuesday, 10 March 2015 View in browser

A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.


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Executive Summary (One Minute Read)
Philip v JPM Developments Pty Ltd (NSWSC) – easements – substantial interference with right of carriageway by proposed development works – declaration and injunction
Campbelltown City Council v WSN Environmental Solutions Pty Ltd (NSWSC) – contract – dispute resolution regime – declaration that party not entitled to refer dispute to expert refused
Simmons v Love (WASC) – contract for sale of land – buyers’ claim for damages for late settlement dismissed
Summaries With Link (Five Minute Read)
Philip v JPM Developments Pty Ltd [2015] NSWSC 145
Supreme Court of New South Wales
Sackar J
Real property – easements – plaintiffs sought declaration that defendant owner of servient tenement would contravene their right of carriageway by carrying out work under development consent – plaintiff also sought to restrain defendant from carrying out any work – held: Court satisfied that there would be substantial interference to plaintiffs’ rights of carriageway if proposed work went ahead – it was appropriate to grant declaratory and injunctive relief.
Campbelltown City Council v WSN Environmental Solutions Pty Ltd [2015] NSWSC 155
Supreme Court of New South Wales
Sackar J
Contract – dispute resolution clause – Councils entered contract with waste management services company – dispute concerned interaction between two dispute resolution clauses – Councils sought declaration defendant was not entitled to refer to an expert a dispute concerning whether it should be compensated for an alleged reasonably unforeseeable and unforeseen event – construction of contract – dispute resolution regime – jurisdiction of expert and questions of commerciality  - held: each dispute resolution regime was to be self-contained - construction proposed by defendant to be preferred – Councils refused relief sought – appropriate to grant relief sought by waste management services company.
Campbelltown City Council
Simmons v Love [2015] WASC 79
Supreme Court of Western Australia
Beech J
Contract for sale of land – buyers initially sued for specific performance of contract for sale of land – seller initially defended action on basis contract unenforceable because it contravened Planning and Development Act 2005 (WA) and that general condition not fulfilled - parties settled on sale and purchase transaction but were in dispute over amount claimed by buyers as damages for late settlement, costs of action and costs of earlier proceedings brought by buyers – held:  on date of settlement  buyers were not ready, willing and able to settle on contract in accordance with its terms – buyers’ claim dismissed – sellers’ counterclaim also dismissed.