200292: Building Law - The Case of Tabcorp Holdings Ltd v Bowen Investments Pty Ltd - Law Assignment Help

Assignment Task:

QUESTION 1 (25 MARKS)

A. Discuss the case of Tabcorp Holdings Ltd v Bowen Investments Pty Ltd (2009) HCA 8 (12 February 2009) and how the High Court dealt with the legal principles in the case of Bel/grove v Eldridge (1954) HCA 36; (1954) 90 CLR 613 (20 August 1954).

B. Discuss the effect of the decision in Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) (2010) HCA 1 (3 February 2010).

QUESTION 2 (25 MARKS)

Michael Good, the owner of Best Built Constructions Pty Ltd, was approached by Peter Smith, the owner of 24 Hybrid Street Kingswood, regarding the construction of a house on his land. Michael Good said that his company could build a house that could be used as a six-bedroom boarding house when it is finished.

Michael Good advised Peter Smith that he would be able to rent each bedroom for $180 per week per room, and that the value of the completed project, including construction and land would be $1.7 million.

Michael Good said that he would also do the construction on a cost plus basis and believed that it would only cost $400,000, including a 22% builder's margin.

Peter agreed and Michael prepared the plans and lodged them at Council, which were approved. A Contract was signed and Michael Good's company Best Built Construction Pty ltd commenced work. There were seven agreed variations but no price was agreed at the time of the work but on completion Michael Good said, the variations totalled $72,000. When the job was completed, the total cost including the variations was $720,000.

Peter Smith has had an independent builder inspect the work, who has advised that there is $82,000 worth of rectification work. Peter Smith attempted to lease the house out as a boarding room but was advised by the Council advised that the approval lodged was for a house only, not a boarding house and therefore could only be leased as a house on a rental of $480 per week.

Peter Smith also had the property valued, which was at $1.2 million.

Advise Peter Smith of his rights against Michael Good and his company Best Built Constructions Pty Ltd.

QUESTION 3 (25 MARKS)

You have been requested to address the Housing Industry Association on the Fair Work Act legislation introduced by the Federal Government.

Advise them of the changes of the legislation and the effect it will have on the building industry in relation to the employment of staff.

QUESTION 4 (25 MARKS)

(a) Compare the different mechanisms for Alternate Dispute Resolution and advise when and why you would recommend ADR.

(b) Why is ADR a better method of dispute resolution than the Court System?

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