CES-Queen (Vic) Pty Ltd v Thomas

CES-Queen (Vic) Pty Ltd sought to demolish a building and applied for an approval to do so, which was refused by the relevant building surveyor. The applicant appealed to the Building Appeals Board which allowed the appeal and authorised the demolition subject to certain conditions. The adjoining owner, Thomas, sought to appeal the decision of the Building Appeals Board. The central issue was whether the risk to the public was relevant in determining appropriate protection works under the Building Act 1993. The court needed to determine if the risk to the public was relevant in determining the appropriate protection works, and if the Board had the authority to impose conditions on the demolition approval.

The court found that the risk to the public was relevant in determining the appropriate protection works, and the Board had the authority to impose conditions on the demolition approval. The court held that the Building Appeals Board had the power to make ancillary or incidental orders under section 149(4) of the Building Act 1993, and to correct errors under clause 18 of Schedule 3 of the Act. The court also found that there was uncertainty in the construction of the determination of the Building Appeals Board, but this did not affect the validity of the order. The court dismissed the appeal and upheld the decision of the Building Appeals Board.

The court's decision provides guidance on the scope of the Building Appeals Board's powers and the factors that may be considered in determining appropriate protection works. The court emphasised the importance of considering the risk to the public in such determinations, and the Board's authority to impose conditions on demolition approvals. The decision also highlights the potential for ancillary or incidental orders and correction of errors by the Board. The final orders of the court were that the appeal be dismissed and the decision of the Building Appeals Board be upheld.