Critically discuss the Australian High Court’s decision of Bellgrove v Eldridge (1954) 90 CLR 613.
In your answer, give due consideration to:
The facts of the case, the judicial reasoning and the decision of the Court
The legal principles and policy considerations at play.
Discuss various methods of resolving disputes and why you would recommend various options.
How does the Building and Construction Industry Security of Payment Act 1999 (NSW) operate in relation to debt recovery.
Due to smaller blocks being able to be redeveloped and larger houses being constructed, the Encroachment of Buildings Act 1922 (NSW) has now become important for minor encroachments on adjoining properties. You have been asked to address the Master Builders Association of NSW on the following:
The rights and obligations under the Act; and
How compensation is determined under the Act?
Adam Eastham of East/West Builders Pty Ltd (hereinafter referred to as “the Builder”) was engaged by Amanda and Mitchell Peachey (hereafter referred to as “the Owners”) to quote on the construction of a six-bedroom house on?the Owners’ land at Lot 516, Cofton Court, Cambridge Park. The Builder and the Owners had a meeting on 19 March 2021 to discuss their requirements.
The Owners said: “We have elderly parents who will be living with us and we require disabled toilets and wider doors for access“.
The Builder said: “No problem this will be included“.
The Owners paid the Builder $4,000.00 for the Builder’s draughtsman to prepare the plans, lodge them at Penrith City Council and obtain an approval. On 4 April 2021, the Owners had a meeting with Vince Wallington from Prestige Drafting.
The Owners said: “We like the plans and they seem to incorporate everything we discussed with Adam“.
Vince Wallington said: “Yes, I’ve incorporated everything you wanted“.
The plans were lodged at Penrith City Council on 27 April 2021 and approved on 14 May 2021. On 16 May 2021, the Owners signed a Housing Industry Association New South Wales Residential Building Contract for New Dwellings at a Contract price of $395,000.00 and paid the Builder a deposit of $60,000.00. The Builder commenced work on the house on 2 June 2021.
On 6 June 2021, the Owners requested the rumpus room be extended by 1.5 metres.
Adam said: “No problem” and nothing else was discussed regarding the cost of the variation.
On 15 June 2021, the Owners discovered the toilets were not disabled toilets and the doors were not wide enough for access by their parent’s wheelchair. The Builder has given the owners, a claim for the extra 1.5 metres in the rumpus room of $42,300.00 and a first progress payment claim of $63,000.00.
Advise Mr and Mrs Peachey of their rights.
This Law Assignment has been solved by our Law experts at Schooling Best. Our Assignment Writing Experts are efficient to provide a fresh solution to this question. We are serving more than 10000+ Students in Australia, UK & US by helping them to score HD in their academics. Our Experts are well trained to follow all marking rubrics & referencing style.
Be it a used or new solution, the quality of the work submitted by our assignment experts remains unhampered. You may continue to expect the same or even better quality with the used and new assignment solution files respectively. There’s one thing to be noticed that you could choose one between the two and acquire an HD either way. You could choose a new assignment solution file to get yourself an exclusive,plagiarism (with free Turnitin file), expert quality assignment or order an old solution file that was considered worthy of the highest distinction.
- Assignment status: Already Solved By Our Experts
- (USA, AUS, UK & CA PhD. Writers)
- CLICK HERE TO GET A PROFESSIONAL WRITER TO WORK ON THIS PAPER AND OTHER SIMILAR PAPERS, GET A NON PLAGIARIZED PAPER FROM OUR EXPERTS