*Please note that the links to the content in this Part will direct you to Westlaw AU.
To purchase an article, please email: [email protected] or contact us on 1300 304 195 (Australian customers) or +61 2 8587 7980 (international customers) during business hours (Mon-Fri, 8am-6pm AST).
The latest issue of the Building and Construction Law Journal (Volume 38 Part 1) contains the following material:
- Old and New Dilemmas
Click here to access on New Westlaw
Articles
Contract Damages for Defective Construction Work: An Unsolvable Puzzle? – Matthew Bell
This article considers how the common law decides upon the appropriate measure of damages where there is a breach of contract resulting in defective construction work. It focuses upon recent case law from South Australia offering a “menu†of factors which can be taken into account in deciding whether damages based upon the cost of rectification of the work ought to be awarded. This “menu†is by no means unproblematic; it sits in tension with High Court authority which leaves unresolved the more nuanced aspects of how parties’ performance interests are to be upheld by way of damages awards. Hence, the “puzzle†aspect of the article’s title. The article concludes that the “menu†is worthy of consideration outside of South Australia, but should include an overriding factor that rectification will be deemed reasonable to the extent that the defect threatens the health and safety of occupants of the building.
Click here to access article on New Westlaw
Quiet Enjoyment versus Public Interest: The Application of Private Nuisance to Wind Farms – Trevor Thomas, James Ye and Wayne Jocic
The right to quiet enjoyment of land is a core protection of the common law. Renewable energy projects like wind farms serve the public interest. Both statements are largely uncontroversial. The difficulty lies in how the law should resolve conflicts between the two goods of quiet enjoyment and the public interest. A classic recent illustration is Uren v Bald Hills Wind Farm Pty Ltd, in which a noisy wind farm led to a successful private nuisance claim. The core elements of a private nuisance claim are well settled. Despite this, the case reveals controversies about the onus of proof in showing that activities were reasonable; the operation of the statutory authority defence; and the relevance of planning permits and the public interest.
Click here to access article on New Westlaw
REPORTS
Click here to access on New Westlaw
Click here to access on New Westlaw
Click here to access on New Westlaw
For the PDF version of the table of contents, Westlaw AU – BCL Vol 38 No 1 Contents or New Westlaw Australia – BCL Vol 38 No 1 Contents.
Click here to access this Part on Westlaw AU
Click here to access this Part on New Westlaw AU
For general queries, please contact:Â [email protected].
