Construction Law Review

Construction Law Review – September

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

Davies v Whitehaven Coal Mining Ltd [2019] NSWSC 1125
Supreme Court of New South Wales
Wright J
Negligence – plaintiff employed by defendant in its colliery – plaintiff contended he was injured due to defendant’s ‘negligence and breach of statutory duty’ and that he suffered ‘loss and damage’ as a result – defendant denied liability and pleaded payments of compensation to plaintiff under Workers Compensation Act 1987 (NSW) in defence – employer’s ‘non-delegable duty of care to take reasonable care’ to avoid plaintiff’s exposure to ‘unnecessary risk of injury’ – Czatyrko v Edith Cowan University [2005] HCA 14 – held: defendant not liable – judgment for defendant.
View Decision
United Commercial v PHHH [2019] VSCA 192
Court of Appeal of Victoria
Whelan & Kaye JJA
Security for costs – applicant engaged respondent for work at property it owned – respondent brought proceedings against applicant under Building and Construction Industry Security of Payment Act 2002 (Vic) – County Court dismissed applicant’s application for security for costs on basis of applicant’s ‘unjustifiable’ delay in its making of application – applicant sought to appeal – PPK Willoughby Pty Ltd v Baird [2019] NSWCA 48 – r62.02 County Court Civil Procedure Rules 2018 (Vic) – whether primary judge erred in relation to prejudice – whether primary judge erred in finding ‘actual prejudice could properly be presumed’ – whether ‘actual prejudice’ existed – absence of evidence of prejudice – held: appeal allowed.
United Commercial
White Constructions Pty Ltd v PBS Holdings Pty Ltd [2019] NSWSC 1166
Supreme Court of New South Wales
Hammerschlag J
Contract – plaintiff claimed damages for breach of contract against defendants in relation to sub-division’s development – plaintiff contended failure by second defendant ‘to prepare a satisfactory sewer design within a reasonable time’ and failure by first defendant to ensure discharge of obligations by second defendant – plaintiff contended that development’s completion was consequently delayed, causing ‘loss and damage’ to plaintiff – held: breach of contract not established – proceedings dismissed.
View Decision

G Capital Corporation Pty Ltd v Roads and Maritime Services [2019] NSWCA 234
Court of Appeal of New South Wales
Meagher, Gleeson & McCallum JJA
Compulsory acquisition of land – separate questions – property of first applicant and property of second applicant compulsorily acquired by respondent – proceedings concerned determination of compensation to which applicants entitled – primary judge answered ‘two separate questions’ in the negative – questions were: ‘whether there was any “actual use of land”’ by applicants which would disentitle them to compensation under s59(1)(f) Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (Just Terms Act) (first question) and whether, on basis of contracts for properties’ sale, compensation was to be confined to calculation with regard ‘only to matters arising under’ ss55(d) & 59(1)(f) Just Terms Act (second question) – applicants, under s57(1) Land and Environment Court Act 1979 (NSW), sought to appeal – held: leave to appeal granted in respect of first question – appeal dismissed.
View Decision
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