Construction Monday, 30 March 2015 View in browser

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


Executive Summary (One Minute Read)
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.
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.