Where multiple occupancy permits are issued for a building project, the 10-year limitation period under s 134 of the Building Act 1993 (Vic) commences from the date of the occupancy permit first issued in respect of the defective building work, not from the final occupancy permit. Claimants must identify which occupancy permit first covers the relevant defective work and calculate limitation from that date. VCAT cannot join new parties as claimants after the limitation period has expired, even where claims are 'closely intertwined' with existing claims. The Burbank 'closely intertwined' exception is no longer good law.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
1 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.