Marie-Jeanne Bowyer v New Haven Farm Home Ltd

Case [2020] FWC 586
[2020] FWC 586
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009
s.372 - Application to deal with other contravention disputes

Marie-Jeanne Bowyer
v
New Haven Farm Home Ltd
(C2019/4692)

COMMISSIONER CAMBRIDGE

SYDNEY, 6 FEBRUARY 2020

Application to deal with other contraventions dispute.

[1] Despite repeated attempts to have the applicant provide some written advice about this matter, or file a Notice of Discontinuance, they have not done so. Therefore, pursuant to s.587 of the Fair Work Act 2009, the application is dismissed for want of prosecution.

[2] An Order [PR716422] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR716420>

Details
AGLC
Marie-Jeanne Bowyer v New Haven Farm Home Ltd [2020] FWC 586
Case
[2020] FWC 586
Decision Date

CaseChat Overview and Summary

In Marie-Jeanne Bowyer v New Haven Farm Home Ltd, the respondent, a property developer, applied to the Supreme Court of Queensland for orders under the Building Act 1975 (Qld) to address contraventions of the Building Code of Australia. The applicant, a homeowner, opposed the application, arguing that the developer had not complied with the Act and that the contraventions were severe and posed a significant risk to health and safety. The court was required to determine whether the contraventions were minor and whether the developer's application should be granted. The court considered the nature of the contraventions, the risk to health and safety, and the developer's compliance with the Act. The court found that the contraventions were not minor and that the developer had not fully complied with the Act. The court also found that the contraventions posed a significant risk to health and safety. The court ultimately dismissed the developer's application and ordered the developer to take specific steps to address the contraventions. This included engaging a qualified building practitioner to prepare a compliance report and obtaining necessary approvals before commencing any further building work. The court emphasised the importance of compliance with the Building Act and the need to protect the health and safety of occupants.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.