Sydney Capitol Hotels Pty Ltd v Bandelle Pty Ltd [2019] NSWSC 1825

Supreme Court New South Wales

Medium Neutral Citation: Sydney Capitol Hotels Pty Ltd v Bandelle Pty Ltd [2019] NSWSC 1825 Hearing dates: 26 November 2019 Date of orders: 18 December 2019 Decision date: 18 December 2019 Jurisdiction: Equity - Technology and Construction List Before: Hammerschlag J Decision: Paragraph 16 of the defendant's Technology and Construction List Response is struck out as disclosing no reasonable defence Catchwords: STATUTORY CONSTRUCTION – Environmental Planning and Assessment Act 1979 (NSW) ss 6.19 and 6.20 – proper construction – whether this action is one for loss or damage arising out of or in connection with defective building work – defendant did building work, including on a ventilation duct under a building contract to which the plaintiff was not party – plaintiff occupied part of the building and suffered damage when a fire attributable to the defective building work occurred – Held: that the loss or damage suffered by the plaintiff did not arise out of and was not in connection with the defective building work within the meaning of s 6.20. Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Cases Cited: Australian Rail Track Corporation Ltd v Leighton Contractors Pty Ltd [2003] VSC 189 Dinov v Alliance Australia Insurance Limited (2017) 96 NSWLR 98 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 Category: Procedural and other rulings Parties: Sydney Capital Hotels Pty Ltd - Plaintiff Bandelle Pty Ltd - Defendant Representation: Counsel: D.S. Weinberger with A. Jordan - Plaintiff D. Hand - Defendant