Naqebullah v Vic

[2024] VSCA 307

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Building and Construction
2. › Statutory warranties
3. › Breach by builder
4. › Non-compliant cladding
5. › Subrogation of State to owners' rights
6. › Liability of officers of entity
7. › Whether s 137F(3) of Building Act 1993 has retrospective operation
8. › Whether officer's defence under s 137F(4) requires knowledge of non-compliant nature of cladding
9. › Building Act 1993 (Vic), s 137F
10. › Domestic Building Contracts Act 1995 (Vic), s 8
1. Practice and Procedure
2. › Costs
3. › Intervener's costs
4. › Whether officer liable for costs incurred before joinder as party
5. › Whether s 137F of Building Act 1993 entitled State to recover costs as intervener
6. › Building Act 1993 (Vic), s 137F
1. Jurisdiction
2. › Victorian Civil and Administrative Tribunal
3. › Joinder orders
4. › Federal jurisdiction
5. › Whether VCAT joinder orders invalid
6. › Validating provisions
7. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), ss 57F, 57G, 57I

Quick Take

Under s 137F(4) of the Building Act 1993, an officer's defence to liability for cladding-related breaches requires proof that the officer did not know of or consent to the acts or omissions giving rise to the entity's liability (e.g., the installation of cladding), not that the officer was unaware the cladding was non-compliant.