Construction Law Review

Construction Law Review – October

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

Barkat v Roads and Maritime Services [2019] NSWCA 240
Court of Appeal of New South Wales
Leeming JA; Emmett & Simpson AJJA
Land and environment – compulsory acquisition of land – appeal concerned compensation to be paid to appellants’ as result of respondent’s compulsory acquisition of land – appellants rejected sum of compensation offered by Valuer-General – appellants, in Land and Environment Court, brought proceedings under s66 Land Acquisition (Just Terms Compensation) Act 1991 (NSW) – appellants, under s57(1) Land and Environment Court Act 1979 (NSW), appealed against primary judge’s decision – whether erroneous conclusion that land’s acquisition was for ‘purpose intrinsically connected’ with draft Parramatta Road Urban Transformation Strategy – whether failure to adhere to ‘proper valuation principles’ – whether potential for land’s rezoning unreasonably ignored – held: appeal dismissed.
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Anderson v Commissioner of Highways [2019] SASCFC 119
Full Court of the Supreme Court of South Australia
Kelly, Blue & Stanley JJ
Compulsory acquisition of land – compensation – separate question – Commissioner of Highways, under Land Acquisition Act 1969 (SA) (Land Acquisition Act), acquired land in which appellant had interest – appellant contended he was psychiatrically injured due to acquisition and sought compensation – appellant referred question to Court – question was whether psychiatric injury was compensable as loss under s22B Land Acquisition Act qualified by compensation principles in s25 Land Acquisition Act – question answered in the negative – appellant appealed – statutory construction – held: psychiatric injury outside compensation’s scope – appeal dismissed.
Kilmaley Investments Pty Ltd v City of Wanneroo [2019] WASCA 156
Court of Appeal of Western Australia
Murphy, Beech & Pritchard JJA
Compulsory acquisition of land – two appeals – in one appeal ‘Kilmaley’, pursuant to s241 Land Administration Act 1997 (WA) (Land Administration Act), appealed concerning amount of compensation awarded by primary judge in respect of land’s compulsory acquisition – Kilmaley contended compensation amount ‘should have been higher’ (‘substantive appeal’) – in other appeal ‘City’ appealed against costs orders (‘costs appeal’) – whether erroneous findings concerning ‘permissible uses’ of ‘unaffected situation’ – valuation of lot ‘in unaffected state’ – ‘severance/injurious affection’ claim – ‘assignability’ of compensation entitlement – statutory construction – s208 Land Administration Act – O24A r10 Rules of the Supreme Court 1971(WA) – appeals dismissed.

Canterbury-Bankstown Council v Payce Communities Pty Ltd [2019] NSWSC 1419
Supreme Court of New South Wales
Henry J
Security of payments – plaintiff sought to restrain defendant from lodging adjudication application relying on ‘final payment claim’ under s17 Building and Construction Industry Security of Payment Act 1999 (NSW) – plaintiff contended it would be ‘abuse of process’ for defendant to invoke ‘adjudication regime’ where defendant pursuing proceedings in Supreme Court ‘for essentially the same claim’ – plaintiff contended defendant had conducted proceedings and served final payment claim in manner which would cause plaintiff ‘significant prejudice if required to ‘respond to both processes concurrently’ – plaintiff also claimed defendant breached ‘implied undertaking’ by using its defence ‘in aid of’ final payment claim – held: abuse of process not established – breach of implied undertaking not established – summons dismissed.
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