Vic (Department of Transport and Planning) v L.U. Simon Builders Pty Ltd & Ors

[2025] VSCA 52

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Building and Construction
2. › Cladding rectification
3. › Statutory subrogation
4. › Payment of financial assistance by State entity
5. › Whether payment to owners corporation on behalf of individual lot owners sufficient
6. › Whether 'owner of a building' includes owner of lot in subdivided building
7. › Building Act 1993 (Vic), s 137F
1. Building and Construction
2. › Cladding rectification
3. › Funding agreement
4. › Construction of funding agreement between State entity and owners corporation
5. › Whether agreement extended to financial assistance for individual lot owners
6. › Owners Corporations Act 2006 (Vic), s 10
1. Statutes
2. › Interpretation
3. › Inclusive definitions
4. › Whether 'owner of a building' encompasses owner of lot in subdivided building
5. › Application of singular including plural
6. › Building Act 1993 (Vic), s 3(1)
7. › Interpretation of Legislation Act 1984 (Vic), ss 37, 38

Quick Take

Where financial assistance for cladding rectification work on a subdivided building is paid to an owners corporation under a funding agreement entered into on behalf of itself and individual lot owners, the State is subrogated under s 137F of the Building Act 1993 (Vic) to the rights and remedies of both the owners corporation and the individual lot owners, without the need for separate payments to each lot owner.