EPA Act
Before looking at the Bandelle decision, s 6.20 of the EPA Act
provides a long-stop limitation period of 10 years for
any loss arising from defective building works, irrespective of
when defects become apparent. Essentially, s 6.20 prevents any
person from bringing civil proceedings for loss or damage arising
from defective work if the works were completed more than 10 years
prior.
The intent of this provision is stop parties bringing actions
for allegedly defective works well after those works were
completed.
Background
On 2 January 2017, the Respondent, Sydney Capitol Hotels
occupied level 5 of a building located on George St, Sydney
(
Building), and had occupied this space since
The case of
Kennon v Kennon [1997] contemplated whether
family violence could influence the outcome of a property
settlement. It was held that sections 75 and 79 of the Act
empowered the Court to assess the financial consequences of family
violence upon satisfaction of three elements:
A course of violent conduct must be established;
The violent conduct must have a discernible impact on the
victim; and,
The victim s contributions to the relationship must be made
significantly more arduous as a result of the violent conduct.
In Benson & Drury
[2020] FamCAFC, the Full Court of the Family Court of Australia
examined the application of the Kennon rule in an appeal by the de
Terrance
Bridges.
The case dealt with a variety of legal issues including
equitable estoppel, adverse possession, tenancies at will, licenses
to reside, the Statute of Frauds and limitations of actions.
Mrs Humphries
Terrence inherited a Hamilton property from his late mother in
the mid-1970s. His mother had been living in the property with
Mrs Humphries who looked after her and
helped with housekeeping.
Terrence, living in Papua New Guinea (PNG) when his mother
passed away, allowed Mrs Humphries to continue living in the
property as long as she paid the rates and utilities bills, which
she did.
Mrs Humphries continued living in the property right up until
The Prime Minister issued Decree no. 2592 of 2020, (published in the Official Gazette on December 9, 2020), prohibiting all governmental entities and state-owned companies from concluding any.