Construction Law Review

Construction Law Review – May

Please refer below to our Construction Law Review, selected from AR Conolly’s Daily Bulletins covering Insurance, Banking, Construction & Government.

Lawrence v Ciantar; Ciantar v Lawrence [2019] NSWSC 464
Supreme Court of New South Wales
Henry J
Contract – plaintiff was builder – defendants were property’s ‘registered proprietors’ – parties entered agreement under which plaintiff claimed ‘one-third interest’ in property arising from his agreement to fund cost of ‘demolition and sub-division works’ (‘DA works’) and DA works having completed – whether plaintiff entitled to enforce interest in property – whether agreement ‘caught by’ Home Building Act 1989 (NSW) (Home Building Act) – whether defendants ‘validly rescinded’ agreement under Home Building Act – whether agreement should be rectified – whether parties’ agreement was contract under which plaintiff ‘undertook to do, by himself or others’, ‘residential building work’ under Home Building Act – held: plaintiff obliged under agreement ‘to carry out and complete’ DA Works ‘by himself or under his supervision’ – agreement was contract caught by Home Building Act – plaintiff not entitled to interest in property, specific performance or damages – summons dismissed.
View Decision

Community Association DP270447 v ATB Morton Pty Ltd [2019] NSWCA 83
Court of Appeal of New South Wales
Bell P; Leeming & Payne JJA
Environment and planning – easement – judicial review – parties were ’neighbouring landowners’ – land was zoned industrial – respondent sought development consent from council – appellant opposed consent – council refused consent – respondent, by ’Class 1 proceedings’, appealed – Land and Environment Court issued development consent in respondent’s favour on condition respondent obtain easement over land owned by appellant – respondent, by ’separate proceedings’ while Class 1 proceedings pending, sought easement over appellant’s land – easement granted – appellant appealed against grant of easement – appellant by summons also sought to quash development consent issued by Land and Environment Court on basis it was void because appellant not joined as party to Class 1 proceedings – whether appellant should be granted extension of time to seek judicial review – whether test in Moorebank Recyclers Pty Ltd v Tanlane Pty Ltd [2012] NSWCA 445 qualified by test in Shi v ABI-K Pty Ltd (2014) 87 NSWLR 568 – held: extension of time refused – summons dismissed – appeal dismissed.
View Decision


Horswill v McClellan [2019] NSWSC 557
Supreme Court of New South Wales
Darke J
Contract – sale of land – plaintiffs and defendants were ‘respective owners’ of ‘adjoining properties’ – plaintiffs sought specific performance of ‘oral agreement’ for purchase of portion of property defendants owned – plaintiffs contended there had been ‘sufficient acts of part performance’ to ‘give rise to an equity’ in their favour – consideration of ‘constituting acts of part performance’ relied upon by plaintiffs – Phung v Phung [2019] NSWSC 117 – Maddison v Alderson (1883) 8 App Cas 467 held: Court satisfied to order specific performance – orders made.
View Decision

Ran Bi v Yingde Investments Pty Ltd [2019] VSC 324
Supreme Court of Victoria
Riordan J
Contract – sale of land – plaintiffs contended parties had, by agreement, terminated contract which had nominated first defendant as purchaser under contracts of sale of land – plaintiffs sought declaration of agreement – defendants denied contract had been terminated and cross-claimed for declarations – defendants sought declaration first defendant was ‘contractually entitled’ to nomination by first plaintiff as purchaser under contracts – defendants also sought declaration that contract constituted an ‘equitable assignment’ of rights of first plaintiff under contracts – whether first defendant contractually entitled to nomination as purchaser under contracts – whether parties had entered ‘Termination of Nominations and Loan Agreement’ – held: parties had not entered Termination of Nominations and Loan Agreement – first defendant entitled to nomination as purchaser – plaintiffs’ claim dismissed – declaration granted on defendants’ counterclaim.
Ran Bi


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