| Saafin Constructions Pty Ltd v Vidak (VSC) - real property - caveat - application for removal of caveat granted |
| Diploma Construction (WA) Pty Ltd v South Central WA Pty Ltd (WASC) - building and construction - confirmation of building remedy order - open to Tribunal to be satisfied that construction of stormwater drainage system unsatisfactory by reason only of deficiencies in system’s design - appeal dismissed |
| Summaries With Link (Five Minute Read) |
Saafin Constructions Pty Ltd v Vidak [2015] VSC 441
Supreme Court of Victoria
Warren CJ
Real property - caveat - plaintiff sought removal of caveat under s90(3) Transfer of Land Act 1958 (NSW) - whether serious question to be tried that first defendant caveator had claimed estate or interest in subject land - whether balance of convenience favoured maintenance of caveat until trial - held: Court not satisfied on evidence that any legally enforceable contract had given first respondent a caveatable interest in property - if it were necessary to decide on balance of convenience Court would consider caveat should be withdrawn - caveat removed.
Saafin
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Diploma Construction (WA) Pty Ltd v South Central WA Pty Ltd [2015] WASC 289
Supreme Court of Western Australia
Mitchell J
Building and construction - appellant constructed carpark's stormwater drainage system at respondent’s shopping centre following design prepared by engineers it engaged for that purpose - State Administrative Tribunal affirmed building remedy order requiring appellant to install additional below ground stormwater storage - question of law raised by appeal was whether open to Tribunal to be satisfied construction of stormwater drainage system unsatisfactory by reason only of deficiencies in design of system - s3 Building Act 2011 (WA) - ss38 & 58 Building Services (Complaint Resolution and Administration) Act 2011 (WA) - s105 State Administrative Tribunal Act 2004 (WA) - held: question of law answered in affirmative - open to Tribunal to be satisfied construction of system without sufficient underground stormwater storage to accommodate one in 10-year storm event unsatisfactory - Tribunal not precluded from being satisfied by fact appellant received professional engineering advice from contractor - appeal dismissed.
Diploma
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