Australia, Aug. 2 -- New South Wales Land and Environment Court issued text of the following judgement on July 2:

1. COMMISSIONER: These proceedings concern an appeal pursuant to s 49(1) of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (RAB Act) against the Building Works Rectification Order (BWRO) issued to the Applicant by a delegate of the Respondent on 11 January 2024 and modified on 28 May 2024 (Modified BWRO). The BWRO and the Modified BWRO is issued under s 33 of the RAB Act and requires the applicant to carry out rectification works at a residential apartment building 'Arena North Apartments' (Premises) at 75 Shortland Esplanade, Newcastle (Strata Plan 95192) (Land).

2. The Court has power to dispose of these proceedings under its Class 2 jurisdiction pursuant to s 18(l) of the Land and Environment Court Act 1979 (LEC Act).

Background

3. The Applicant is the developer in relation to building work involved in the erection of the premises. The developer was the registered proprietor of the Land prior to it becoming the subject of a strata subdivision which time the Owners- Strata Plan No. 95192 became the registered proprietor of the common property. I note that 'developer' is defined at s 4 of the RAB Act:

4 Meaning of "developer"

For the purposes of this Act, a developer, in relation to building work, means any of the following persons, but does not include any person excluded from this definition by the regulations-

(a) the person who contracted or arranged for, or facilitated or otherwise caused, (whether directly or indirectly) the building work to be carried out,

(b) if the building work is the erection or construction of a building or part of a building-the owner of the land on which the building work is carried out at the time the building work is carried out,

(c) the principal contractor for the building work within the meaning of the Environmental Planning and Assessment Act 1979,

(d) in relation to building work for a strata scheme-the developer of the strata scheme within the meaning of the Strata Schemes Management Act 2015,

(e) any other person prescribed by the regulations for the purposes of this definition.

4. The BWRO was issued by the Respondent on 11 January 2025 pursuant to s 33(1) of the RAB Act. The Modified BWRO was issued on 28 May 2024.

5. On 12 February 2025 the Applicant commenced the appeal proceedings, being within the time period specified in s 49(2) of the RAB Act.

6. The matter was listed for a conciliation conference by the Court on 17 July 2024 pursuant to s 34(1) of the Land and Environment Court Act 1979 (LEC Act). The conciliation conference was terminated on 5 September 2024. Following the termination of a conciliation conference on the matter was listed for hearing on 25 and 26 June 2025.

7. Prior to the commencement of the hearing, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties and requested that the matter be listed for a further s 34 conference. The Court granted this request, and the matter was listed for a s 34 conference on 25 June 2025, following which the hearing was vacated. I presided over the conciliation conference.

8. The decision agreed upon involves the substitution of the BWRO with a substituted building works rectification order (Substituted Order) which reflects the agreement of the parties.

9. The parties provided a signed s 34 agreement and supporting jurisdictional statement on 20 June 2025.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197be95a32bdbb6e19ce8d60)

Disclaimer: Curated by HT Syndication.