Once non-compliance with BCA performance requirements is established in combustible cladding claims, the evidentiary onus shifts to the builder/developer to show that reinstatement damages would be unreasonable, including by establishing the availability of an alternative solution.
The full text is available to signed-in members, including the 29 later cases that cite this judgment.
6 of the 29 citing cases carry a classified treatment. How each court treated it is available to signed-in members.