J-CORP Pty Ltd and LY and Anor

The applicant, J-CORP Pty Ltd, sought leave to review and review a decision of the Building Disputes Tribunal in relation to a dispute concerning the construction of a dwelling. The dispute arose from an obligation under a building contract to construct the dwelling in a proper and workmanlike manner, with the applicants arguing that this did not require the dwelling to withstand certain site conditions, and that the risk of such conditions lay with the proprietors. The case was heard before Senior Member Clive Raymond.

The legal issues before the court included whether the obligation to construct in a proper and workmanlike manner required the dwelling to withstand the site conditions, and whether the risk of such site conditions lay with the proprietors. The court had to determine whether the applicants' argument that the obligation did not include withstanding the site conditions was legally sound, and whether the proprietors bore the risk of such conditions.

In its reasoning, the court found that the applicants' argument that the obligation did not include withstanding the site conditions was not supported by the evidence. The court held that the obligation to construct in a proper and workmanlike manner did require the dwelling to withstand the site conditions, and that the risk of such conditions lay with the proprietors. Accordingly, the court granted leave to the applicant to review the decision of the Building Disputes Tribunal in relation to certain grounds of review.

The final orders of the court were that the minute of proposed amended grounds of appeal filed on 5 January 2006 stands as the amended grounds of review, leave is granted to the applicant to review the decision of the Building Disputes Tribunal, and the costs of the application for leave, if any costs may ultimately be awarded, be reserved.