S.T.A.N. Constructions Pty Ltd v Williams, Gilbert Frank [1979] FCA 115

S.T.A.N. Constructions Pty Ltd v Williams, Gilbert Frank [1979] FCA 115

Regulation 11(1) as substituted in 1965 is valid under the Building Ordinance 1964, and permits were required for building alterations; thus, the appeal fails.

Parties
Appellant: S.T.A.N. Constructions Pty. Limited; Respondent: Gilbert Frank Williams
Jurisdiction
Australia
Judgment Date
08 November 1979
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Prohibition, Certiorari, Building Permits, Regulatory Validity
Administrative Law Building Regulation Prohibition Certiorari Building Permits Regulatory Validity

Case Brief

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Parties

S.T.A.N. Constructions Pty. Limited

Appellant

Gilbert Frank Williams

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Validity of regulation 11(1) of Canberra Building Regulations
  2. 2 Requirement for permit for alterations under Building Ordinance 1972
  3. 3 Jurisdiction to entertain appeal from refusal of order nisi

Ratio Decidendi

Regulation 11(1) as substituted in 1965 is valid under the Building Ordinance 1964, and permits were required for building alterations; thus, the appeal fails.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • Each party to pay their own costs of the appeal.