The NSW cases of interest include decisions on whether taking possession of works near completion may inadvertently trigger practical completion, the classification of a defect as a 'major defect' despite the consequences of the defect not currently being present in the residential building works, the application of the 10-year longstop limitation period, and the application of Anshun estoppel to adjudications in NSW. The QLD cases consider whether directors of a company were parties to a contract entered into by the company and the importance of understanding what is and is not captured by the term 'building work' under the QBCC Act for the installation of sewerage systems. If you would like to discuss anything covered in this update, or want to see something in particular in next month's update, please get in touch!

In the Australian courts

New South Wales

• No end in Site? NSW's Sagrada Família | Morrison v Moss & Anor [2019] NSWDC 746
• Ground control to Major Defect, take your 'likely' risk and put your helmet on | Stevenson v Ashton [2019] NSWSC 1689
• Builders beware – the EP&A Act statutory limitation period may not always be available | Sydney Capitol Hotels Pty Ltd v Bandelle Pty Ltd [2019] NSWSC 1825
• Anshun estoppel – it's all or nothing | TWT Property Group Pty Ltd v Cenric Group Pty Ltd [2020] NSWSC 72

Queensland

• Contract Disputes 101 – know who you are entitled to sue | Benjamin v KMV Constructions Pty Ltd & Ors [2020] QDC 3
• To avoid costs going down the toilet, know when sewerage works are not 'building works' | Waterford PPG Pty Ltd v Civil Constructors (Aust) Pty Ltd [2020] QSC 8