Phoenix Palm Development Pty Ltd v The Secretary of the Department of Customer Service [2024] NSWLEC 1812

Land and Environment Court New South Wales

Medium Neutral Citation: Phoenix Palm Development Pty Ltd v The Secretary of the Department of Customer Service [2024] NSWLEC 1812 Hearing dates: Conciliation Conference 3 December 2024 Date of orders: 17 December 2024 Decision date: 17 December 2024 Jurisdiction: Class 2 Before: Targett C Decision: The Court orders that: (1) The appeal is upheld. (2) The Building Work Rectification Order dated 8 September 2023 is substituted for the Order set out at Annexure A. (3) Liberty to apply to the Court is granted on giving 3 days' notice. Catchwords: BUILDING WORK RECTIFICATION ORDER – conciliation conference – agreement between the parties – orders Legislation Cited: Land and Environment Court Act 1979, ss 18, 34, 39 Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020, ss 33, 49 Cases Cited: Eunomia Developments Pty Ltd v Secretary of the Department of Customer Service [2021] NSWLEC 1279 Phillips v Walsh (1990) 20 NSWLR 206 Category: Principal judgment Parties: Phoenix Palm Development Pty Ltd (Applicant) Department of Customer Service (Respondent) Representation: Counsel: F Corsaro SC (Applicant) A Smith (Respondent)

Solicitors: Memcorp Lawyers Pty Ltd (Applicant) Department of Customer Service (Respondent) File Number(s): 2023/315772 Publication restriction: Nil

Judgment 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 issued to the applicant by the respondent on 8 September 2023 under s 33 of the RAB Act (BWRO), requiring the applicants to carry out rectification works primarily relating to waterproofing, fire safety, structural systems and building enclosure elements at a residential apartment building at 351 Hume Highway Bankstown (constituted in Strata Plan 95613) (Premises). 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).