A Supreme Court judge, sitting as an Acting Member of VCAT, has refused an application for joinder of a party for the purpose of making a claim for contribution under Part IV of the Wrongs Act on the basis that VCAT lacked jurisdiction to hear the contribution claim.
Author: Ken Oliver
VCAT has found that the time limits in s 5(1) of the Limitation of Actions Act do not apply to claims under s 157 of the Water Act.
Victorian Court of Appeal upholds the availability of a quantum meruit following termination of a contract
The Court of Appeal has upheld a VCAT decision in which owners were ordered to pay a builder $660,526.41 by way of a quantum meruit following the termination of a building contract, a sum which was considerably more than the builder might have recovered in a damages claim under the contract.
A “revised” payment claim, for a different sum, served one day after another payment claim had been served was invalid because it was held to be a second payment claim and therefore in contravention of s 14(8) of the Building and Construction Industry Security of Payment Act 2002 (Vic) which prohibits more than one payment claim being served in respect of the same reference date.
Appeal against $1.8 million judgment in favour of domestic building insurer fails as appeal point not raised below
The New South Wales Court of Appeal has refused leave to add a ground of appeal against a judgment that the director of a building company and his wife indemnify an insurer for over $1 million paid out to home owners, as the appeal point on which the appellants now sought to rely was not raised before the primary judge.
The Victorian Court of Appeal has held that the 10 year limitation for commencing a building action in s. 134 of the Building Act 1993 (“Building Act”) is not confined to negligence claims, but also applies to actions founded in contract. The Court of Appeal also held that, on the facts of the case, no duty of care was owed by the building surveyor to the owner to prevent the type of loss suffered by the owner.