The Owners – Strata Plan No 84411 v The Council of the City of Sydney; The Owners – Strata Plan No 84717 v The Council of the City of Sydney [2021] NSWLEC 1347

Land and Environment Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan No 84411 v The Council of the City of Sydney; The Owners – Strata Plan No 84717 v The Council of the City of Sydney [2021] NSWLEC 1347 Hearing dates: 19-20 April 2021 Date of orders: 11 June 2021 Decision date: 11 June 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: Proceedings 2020/200746 The Orders of the Court are: (1) The appeal is dismissed. (2) The Exhibits are returned. Proceedings 2020/200747 The Orders of the Court are: (1) The appeal is dismissed. (2) The Exhibits are returned. Catchwords: BUILDING PRODUCT RECTIFICATION ORDERS – the existing development is an affected building within the meaning of the Building Products (Safety) Act 2017 – it is reasonably practicable to eliminate the safety risk posed by the banned external cladding by removing and replacing the cladding – mitigation measures proposed by the applicant do not adequately minimise the safety risk posed by the banned external cladding Legislation Cited: Building Products (Safety) Act 2017, Pts 3, 4, ss 4, 7, 9, 18, 20, 21, 22, 26 Environmental Planning and Assessment Act 1979, Sch 5, ss 1.4, 8.18 Land and Environment Court Act 1979, s 34 Cases Cited: Barry Edward McDonald (t/as B.E. McDonald Transport) v Girkaid Pty Ltd & 4 Ors; Robert Bryce & Co Ltd v Girkaid Pty Ltd & 4 Ors; Hudson Resources Pty Ltd & 5 Ors v Robert Bryce & Co Ltd [2004] NSWCA 297; (2004) Aust Tort Reports 81-768 Slivak v Lurgi (Australia) Pty Limited (2001) 205 CLR 304; [2001] HCA 6 Texts Cited: National Construction Code 2019, Building Code of Australia – Volume One Category: Principal judgment Parties: Proceedings 2020/200746 The Owners – Strata Plan No 84411 (Applicant) The Council of the City of Sydney (First Respondent) Commissioner for Fair Trading, Department of Finance, Services and Innovation (Second Respondent)