What once was old is new again – NSW Supreme Court considers the operation of the 10 year limitation period under the EPA Act in Sydney Capitol Hotels Pty Ltd v Bandelle Pty Ltd [2019] NSWSC 1825 (Sydney Capitol Hotels) On 2 January 2017, a fire broke out on the ground floor of the building at 730-743 George

Estopped – NSW Supreme Court prevents contractor from proceeding with adjudication application in TWT Property Group Pty Ltd v Cenric Group Pty Ltd [2020] NSWSC 72 In TWT Property Group Pty Ltd v Cenric Group Pty Ltd [2020] NSWSC 72, the New South Wales Supreme Court has restrained a defendant from proceeding with an adjudication application,

Opinionated – maintaining privilege in communications between lawyers and experts discussed in Finance Guarantee Company Pty Ltd v Auswild (Expert Evidence Ruling) [2019] VSC 665 The Supreme Court of Victoria recently handed down its decision in Finance Guarantee Company Pty Ltd v Auswild (Expert Evidence Ruling) [2019] VSC 665, which considered the extent to which

In Visual Building Construction Pty Ltd v Armistead (No 2) [2019] NSWCA 280, the appellant (builder) had entered into a contract with the respondents to build a duplex building on land owned by the respondents for $400,000.  In breach of the contract, the builder had not obtained a Construction Certificate before it commenced work.  In early June 2015,

The issue for determination in this case was whether evidence of subsequent conduct is admissible in establishing the identity of a contracting party.   Leeming JA held that such evidence was not admissible and cannot be so used in relation to a contract which is wholly written.  Where the contract is partly written and partly oral

When is 10 years 10 years? Domestic Building Dispute Resolution Victoria and the 10 year limitation period In Owners Corporation 1 Plan No PS 543073S v Eastrise Constructions Proprietary Limited (Building and Property)[2019] VCAT 1629 VCAT has clarified the application of the 10-year limitation period in s.134 of the Building Act 1993 (Vic), particularly whether an application