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Fire Rescue Commissioner v Building Appeals Board; Australasian Conference Association Ltd (ACN 000 003 930) & PLP Building Surveyors & Consultants P/L (ACN 084 420 477)  VSC 217
Supreme Court of Victoria
Common Law Division
Fire Rescue Commissioner v Building Appeals Board; Australasian Conference Association Ltd (ACN 000 003 930) & PLP Building Surveyors & Consultants P/L (ACN 084 420 477)
4 May 2021
BUILDING - Fire safety - Refusal to consent to variation of 'deemed to satisfy' provisions - Appeal to Building Appeals Board - Meaning of 'satisfied that a satisfactory degree of fire safety is achieved' - Irrelevant considerations - Relevance of circumstances leading up to the original decision and the reasons given for the decision - Failure to take relevant considerations into account - Superior fire engineering design beyond 'deemed to satisfy' provisions - Decisions of Building Appeals Board - Weight to be given to relevant considerations - Preparation of a report - Lack of utility - Proceeding under O 56 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) - Building Act 1993 (Vic) ss 1(a), 1(c), 144(1), 148(1), 149(1)-(2), 149(4), 161, 166(1)-(3), sch 3 cl 16, Building Regulations 2018 (Vic) regs 121, 129, Building Code of Australia 2013 cl EP1.3, Australian Standard AS 2419.1 (2005) cl 126.96.36.199.