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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) [2021] VSC 217

BUILDING
Supreme Court of Victoria
Division: 
Common Law Division
Judge(s): 
Garde J
Parties: 

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)

Judgment Date: 
4 May 2021
Catchwords: 

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 3.2.3.1.

Citation: