The Owners - Strata Plan No 69312 v Rockdale City Council & Anor; Owners of SP 69312 v Allianz Aust Insurance [2012] NSWSC 1244

Supreme Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan No 69312 v Rockdale City Council & Anor; Owners of SP 69312 v Allianz Aust Insurance [2012] NSWSC 1244 Hearing dates: 15 August 2012 Decision date: 18 October 2012 Jurisdiction: Equity Division Before: Lindsay J Decision: Separate question answered in favour of the Plaintiff. Within the meaning of the Building Code of Australia, the "effective height" of the Plaintiff's proposed Building was 26 metres. Catchwords: ENVIRONMENT AND PLANNING - building control - definitions - Building Code of Australia - definition of "effective height" in the Building Code of Australia

EVIDENCE - admissibility and relevancy - in general - whether the Guide to Building Code of Australia should be admitted into evidence for the purpose of construing the text of the Building Code of Australia

EVIDENCE - admissibility and relevancy - opinion evidence - whether expert opinion was admissible for the purpose of construing the text of the Building Code of Australia Legislation Cited: Environmental Planning and Assessment Act, 1979 Interpretation Act 1987 (NSW) Cases Cited: NSW Food Authority v Nutricia Australia Pty Limited (2008) 74 NSWLR 148 at 161[68] Allstate Life Insurance Co v Australia and New Zealand Banking Group Limited (No 6) (1996) 64 FCR 79 at 83 per Lindgren J Faucett v St George Bank Limited [2003] NSWCA 43 at [48]. Texts Cited: Guide to the Building Code of Australia companion manual to the Building Code of Australia Category: Separate question Parties: The Owners SP 69312 Rockdale City Council Allianz Australia Insurance Representation: Counsel: M Ashhurst SC (Plaintiff) Martin J Walsh (Plaintiff) JA Steel (Defendant Council) K Smark SC (Defendant Allianz) Solicitors: Grace Solicitors (Plaintiff) HWL Ebsworth (Defendant Council) Tress Cox (Defendant Allianz) File Number(s): 2010 / 93443 2006 / 268634