Shorten v David Hurst Constructions Pty Ltd (ACN 107 042 688)

(2008) 72 NSWLR 211; [2008] NSWCA 134

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Contract
2. › Construction contracts
3. › Building and construction industry
4. › Security of payment
5. › Exclusion from statutory scheme
6. › Whether contract for construction of residential units excluded where developer proposes to reside in one unit
7. › Building and Construction Industry Security of Payment Act 1999 (NSW), s 7(2)(b)
8. › Home Building Act 1989 (NSW), s 3(1)
1. Statutory Interpretation
2. › Use of extrinsic material
3. › Second reading speeches
4. › Purposive construction
5. › Whether extrinsic material may be used to confirm ordinary meaning or resolve ambiguity
6. › Whether distinction between identifying legislative purpose and guiding meaning of provision
7. › Interpretation Act 1987 (NSW), ss 33, 34

Quick Take

Section 7(2)(b) of the Building and Construction Industry Security of Payment Act 1999 (NSW) does not exclude from the Act a construction contract for the building of multiple residential units where the developer proposes to reside in only one of them. The exclusion applies only where the contract is for carrying out residential building work on such part of premises as the party proposes to reside in, and does not extend to a broader contract encompassing other residential building work. The question of whether the developer's intention to reside must be communicated to the builder was left open.