Construction Law Review

Construction Law Review – June

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

Bucic v Arnej Pty Ltd [2019] VSC 330
Supreme Court of Victoria
Zammit J
Negligence – occupier’s liability – causation – plaintiff working as ‘self-employed brick cleaner’ on premises injured in fall from scaffolding onto bricks – defendant sole-trader responsible for house’s construction – third party ‘hire company’ erected scaffolding – hire company settled with defendant – plaintiff claimed in negligence against defendant under Pt IIA Wrongs Act 1958 (Vic) or for breach of statutory duty under Pt 3.5 Occupational Health and Safety Regulations 2007 (Vic) – defendant denied breach of duty – defendant also contended that, even it did breach duty, breach was not ‘material cause’ of plaintiff’s injuries – defendant contended plaintiff’s injuries pre-existing – defendant also contended contributory negligence and ‘voluntary assumption of risk’ by plaintiff – whether breach of duty by allowing plaintiff to work on deficient scaffolding – extent to which fall ’caused or materially contributed to’ plaintiff’s conditions – ‘balance of probabilities’ – held: defendant negligent – defendant’s contentions concerning contributory negligence and voluntary assumption of risk failed – judgment for plaintiff in sum of $1,043,000.

Andrews and Morrisy Developments Pty Ltd v Port Phillip City Council & Ors [2019] VSC 337
Supreme Court of Victoria
Osborn JA
Environment and planning – Victorian Civil and Administrative Tribunal refused to grant application planning permit for ‘multi-unit residential development’ – Tribunal found proposal inconsistent with elements of neighbourhood’s character identified by ‘zone purpose’ governing site – applicant sought to appeal, contending Tribunal erroneously failed ‘to have any or any proper regard’ to ‘transitional height control exemption’ – statutory construction – held: no failure by Tribunal failed to give exemption ‘proper effect’ – leave to appeal refused.
Andrews and Morrisy Developments


Iskra v MMIR Pty Limited [2019] NSWCA 126
Court of Appeal of New South Wales
Bathurst CJ; Gleeson & Payne JJA
Security of payments – appellant was builder – appeal concerning validity of determination under s22 Building and Construction Industry Security of Payment Act 1999 (NSW) that first respondent owner owed amount to appellant – primary judge quashed adjudication determination, finding adjudicator ‘failed to come to a view as to what was properly payable’ with regard to contract’s ‘true construction’ and claim’s ‘true merits’ – whether adjudicator determined value of construction work in payment claim – held: adjudicator determined construction’s work’s value – appeal allowed.
View Decision

Zaya v Manidis Roberts Pty Ltd v UGL Infrastructure Pty Ltd and Anor (No 2) [2019] NSWSC 515
Supreme Court of New South Wales
Campbell J
Negligence – plaintiff injured in fall down staircase at site – plaintiff sued two defendants – first defendant was head contractor and site’s occupier – second defendant was plaintiff’s employer – second defendant contracted by first defendant for ‘completion of all concreting works’ (works) – second defendant subcontracted works to company (PNT) which was not party to proceedings – whether plaintiff fell from staircase in course of employment – state of staircase’s formwork – whether ‘riser shutters had been stripped’ from all steps except the two which plaintiff complained of – whether first defendant’s ‘site supervisor’ had directed either formwork’s stripping or stripping’s cessation – whether Court accepted plaintiff’s contentions regarding ‘factual issues’ – principal’s duty to independent contractor – Leighton Contractors Pty Ltd v Fox (2009) 240 CLR 1 – employer’s duty to employee – Czatyrko v Edith Cowan University [2005] HCA 14 – held: judgment for defendants.
View Decision

 Stay Informed – Connect with us on LinkedIn