Premier Building & Consulting Pty Ltd v Spotless Group Ltd

Premier Building & Consulting Pty Ltd brought an action against Spotless Group Ltd in the Supreme Court of Victoria, concerning claims of environmental pollution, nuisance, and breaches of duty by the defendant. The plaintiff alleged that the defendant's activities led to soil and groundwater contamination on the plaintiff's property, affecting its use and value. The case also involved issues of corporate liability, including whether a subsidiary of the defendant could be held accountable for the actions of the parent company.

The court was required to determine several legal issues, including whether the defendant caused the pollution to occur and if compensation was available under the Environment Protection Act 1970 for pollution that predated the Act's commencement. The court also had to assess whether the defendant's actions constituted a nuisance under common law and if the building surveyor had any duty to ensure compliance with planning permits, as per the Building Act 1993.

The court found that the defendant had indeed caused the pollution by bringing the pollutant onto the plaintiff's land, making it a natural consequence of their actions. Consequently, the defendant was liable for the pollution under the Environment Protection Act 1970, despite the pollution occurring before the Act's commencement. The court also ruled that the defendant's actions constituted a nuisance, as they interfered with the plaintiff's use and enjoyment of their land. Regarding corporate liability, the court did not find sufficient evidence to lift the corporate veil and hold the parent company accountable for the subsidiary's actions. The court further held that the building surveyor had a duty to ensure compliance with planning permits, but this did not extend to non-building conditions of the permit.

The court ordered the defendant to pay compensation to the plaintiff for the pollution caused and to abate the nuisance by addressing the contamination. The court did not impose any liability on the parent company for the subsidiary's actions. Additionally, the court did not find the building surveyor liable for any breach of duty in relation to the planning permit.