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Construction


Monday, 22 December 2014

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Executive Summary (One Minute Read)
Ausbal Pty Ltd v Grandsea Holdings Pty Ltd (VSC) - real property - easements - proposed works would substantially interfere with easement rights - declaration
R v Macdessi; ex parte Walton (TASSC) - security of payments - denial of procedural fairness - adjudicator’s determination quashed
Summaries With Link (Five Minute Read)
Ausbal Pty Ltd v Grandsea Holdings Pty Ltd [2014] VSC 625
Supreme Court of Victoria
Ferguson JA
Real property - easements - estoppel - company owned medical clinic - company wanted to expand medical clinic and proposed to redevelop property - company obtained council planning permit and building permit for works - service station opposite clinic - service station and clinic separated by roadway which was on part of the land owned by clinic owner - owner of service station had easement rights in respect of roadway which it alleged would be infringed if proposed works completed - company accepted there was easement but claimed entitlement was limited to entry only - real substantial interference - estoppel - held: Court satisfied service station owner, operators, and those frequenting service station entitled to pass and repass by foot or vehicle by means of the carriageway - proposed works would substantially interfere with easement rights - service station not estopped from enforcing its rights - relief limited to declaration - Court not persuaded that, in absence of injunction, clinic owner would proceed with works - declaration.
Ausbal Pty Ltd
R v Macdessi; ex parte Walton [2014] TASSC 64
Supreme Court of Tasmania
Blow CJ
Security of payments - adjudicator made determination for purposes of Building and Construction Industry Security of Payment Act 2009 (Tas) relating to contract for construction of residence - proprietors sought to quash determination - held: adjudicator required by s25(2)(d) to consider adjudication response - due to error of law as to time limit for adjudication response, adjudicator decided not to consider response to extent required by the Act - failure to give proper consideration to response amounted to a failure to observe an applicable requirement of procedural fairness - determination was a nullity - determination quashed.
R

The Twelve Days of Christmas
By Anonymous

The first day of Christmas,
My true love sent to me
A partridge in a pear tree.

The second day of Christmas,
My true love sent to me
Two turtle doves, and
A partridge in a pear tree.

The third day of Christmas,
My true love sent to me
Three French hens,
Two turtle doves, and
A partridge in a pear tree.

The fourth day of Christmas,
My true love sent to me
Four colly birds,
Three French hens,
Two turtle doves, and
A partridge in a pear tree.

The fifth day of Christmas,
My true love sent to me
Five gold rings,
Four colly birds,
Three French hens,
Two turtle doves, and
A partridge in a pear tree.

The sixth day of Christmas,
My true love sent to me
Six geese a-laying,
Five gold rings,
Four colly birds,
Three French hens,
Two turtle doves, and
A partridge in a pear tree.

The seventh day of Christmas,
My true love sent to me
Seven swans a-swimming,
Six geese a-laying,
Five gold rings,
Four colly birds,
Three French hens,
Two turtle doves, and
A partridge in a pear tree.

The eighth day of Christmas,
My true love sent to me
Eight maids a-milking,
Seven swans a-swimming,
Six geese a-laying,
Five gold rings,
Four colly birds,
Three French hens,
Two turtle doves, and
A partridge in a pear tree.

The ninth day of Christmas,
My true love sent to me
Nine drummers drumming,
Eight maids a-milking,
Seven swans a-swimming,
Six geese a-laying,
Five gold rings,
Four colly birds,
Three French hens,
Two turtle doves, and
A partridge in a pear tree.

The tenth day of Christmas,
My true love sent to me
Ten pipers piping,
Nine drummers drumming,
Eight maids a-milking,
Seven swans a-swimming,
Six geese a-laying,
Five gold rings,
Four colly birds,
Three French hens,
Two turtle doves, and
A partridge in a pear tree.

The eleventh day of Christmas
My true love sent to me
Eleven ladies dancing,
Ten pipers piping,
Nine drummers drumming,
Eight maids a-milking,
Seven swans a-swimming,
Six geese a-laying,
Five gold rings,
Four colly birds,
Three French hens,
Two turtle doves, and
A partridge in a pear tree.

The twelfth day of Christmas
My true love sent to me
Twelve fiddlers fiddling,
Eleven ladies dancing,
Ten pipers piping,
Nine drummers drumming,
Eight maids a-milking,
Seven swans a-swimming,
Six geese a-laying,
Five gold rings,
Four colly birds,
Three French hens,
Two turtle doves, and
A partridge in a pear tree.

The Twelve Days of Christmas

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