JA WESTAWAY PTY LTD v BUILDING SERVICES CORPORATION [1992] NSWCA 116

JA WESTAWAY PTY LTD v BUILDING SERVICES CORPORATION SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY JA 19 October 1992

[1992] NSWCA 116

Mahoney JA This is an application for leave to appeal from a judgment of Campbell J given on 23 December 1991. The material upon which the application is based is contained in the affidavit of Mr Zuur of 25 September 1992 and the material there referred to.

Summarised, the position is that in 1987 and 1988 the company, J A Westaway Pty Ltd, carried out building work for a Mr Knowles. A dispute arose out of that work in respect of which a complaint was lodged with the Building Services Corporation or its predecessor in 1988. The matter appears to have been pending since that date.

According to the material before me attempts were made to resolve the dispute and, those attempts having been unsuccessful, on 17 June 1990 the relevant body issued a rectification order purporting to be made under s30A of the then existing legislation.

Apparently that rectification order was not complied with or at least did not produce the satisfaction that was sought from it and on 11 April 1991 the relevant corporation issued a notice to show cause to the company requiring it to show cause why it should not be dealt with under Pt4 of the Act of 1971, the Act then in question.

On 21 March 1990 the relevant Act was repealed. The question that arises is whether the repeal of that Act brought to an end the proceedings which were then being brought against the company. That issue was raised for decision before Campbell J in proceedings in which a declaration was sought that the rectification order of 7 June 1990 and the notice to show cause of 11 April 1991 were void and of no effect.

In his judgment of 23 December 1991 his Honour considered those particular matters at length. A copy of his Honour's judgment is before me. His Honour's conclusion was that such a declaration should not be made and the summons was dismissed with costs.