Daily Construction: Friday, 17 July 2015 View in browser
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AR Conolly Company Lawyers.
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Daily Construction

Executive Summary (One Minute Read)
Linke v TT Builders Pty Ltd (No 2) (FCA) - costs - enforcement of costs order - evidence of disposal of assets - charging orders made - charges registered on titles of properties owned by respondent
Arinson Pty Ltd v City of Canada Bay Council (NSWCA) - easements - appellants granted easements over Council’s land - appellants required to pay compensation to Council - appeal dismissed
D’Agostino v Greater Shepparton City Council (VSC) - administrative law - refusal to extend time for completion of development approved under permit - appeal allowed
Summaries With Link (Five Minute Read)
Linke v TT Builders Pty Ltd (No 2) [2015] FCA 704
Federal Court of Australia
White J
Costs - enforcement of costs order - applicant’s claim against first and second respondents resolved by applicant’s acceptance of an offer of compromise - Court made orders for taxation of costs pursuant to acceptance of offer and for identification of net amount of costs to which applicant entitled - applicant sought to enforce costs order - evidence of disposal of assets by respondent - rr41.01 & 41.10 Federal Court Rules 2011 (Cth) - Enforcement of Judgments Act 1991 (SA) - held: in the circumstances applicant had apprehensions it would be difficult for him to enforce judgment debt - in public interest that Court’s orders respected and obeyed - appropriate for Court to assist judgment creditors to enforce entitlements - respect for law would be undermined if judgment debtors could readily frustrate enforcements of judgments against them - Court satisfied it was appropriate for charging orders sought by applicant to be made and for charges to be registered on titles of two properties owned by respondent.
Arinson Pty Limited v City of Canada Bay Council [2015] NSWCA 199
Court of Appeal of New South Wales
Basten & Meagher JJA; JC Campbell AJA
Easements - Land and Environment Court granted easements to appellants pursuant to s88K Conveyancing Act 1919 over land of which respondent Council was registered proprietor - Land and Environment Court ordered appellants to pay compensation to the Council and its costs - appellants challenged decision that compensation should be paid for the easements - appellants also challenged order for costs if appeal otherwise succeeded - ‘special circumstances’ - onus - required reasoning process - restoration of status quo - ‘blight’ argument - expectation to purchase - legal policy - s55 Environmental Planning and Assessment Act 1979 - s58(3) Land and Environment Court Act 1979 -  ss5, 6, 37, 38, 43(4) Roads Act 1993 - r14.7 Uniform Civil Procedure Rules 2005 - held: appellants’ submissions unsuccessful - question of costs did not arise - appeal dismissed.
D’Agostino v Greater Shepparton City Council [2015] VSC 332
Supreme Court of Victoria
Zammit J
Administrative law - application for leave to appeal from decision of Victorian Civil and Administrative Tribunal under s85(1)(f) Planning and Environment Act 1987 refusing to extend time within which development approved under permit may be completed - ss69 & 81 - held: VCAT erred in law by not considering, in its exercise of s69 discretion, offsite works carried out by appellants - VCAT misconstrued nature and composition of building works and the concept of warehousing - the offsite works were evidence of commencement of development and arguably demonstrated appellants did not intend to warehouse permit - VCAT erred in making new permit decision without identifying relevant change in policy - appeal allowed
Winter: A Dirge
By Robert Burns

The wintry west extends his blast,
And hail and rain does blaw;
Or, the stormy north sends driving forth
The blinding sleet and snaw:
While tumbling brown, the burn comes down,
And roars frae bank to brae;
And bird and beast in covert rest,
And pass the heartless day.

The sweeping blast, the sky o’ercast,
The joyless winter-day,
Let others fear, to me more dear
Than all the pride of May:
The tempest’s howl, it soothes my soul,
My griefs it seems to join;
The leafless trees my fancy please,
Their fate resembles mine!

Thou Pow’r Supreme, whose mighty scheme
These woes of mine fulfil,
Here, firm, I rest, they must be best,
Because they are Thy will!
Then all I want (O, do Thou grant
This one request of mine!)
Since to enjoy Thou dost deny,
Assist me to resign.

Robert Burns