STAN Constructions Pty Ltd v Williams

STAN Constructions Pty Ltd v Williams

The invalid provisions of the Canberra Building Regulations made in 1924 were retrospectively validated by s 4 of the Building and Services Ordinance 1925 and treated as sustained in operation by s 4(2) of the Federal Capital Commission's Powers Ordinance 1924. The Canberra Building Regulations, including their application to alterations, were kept in force by the Building Ordinance 1964. Because alterations to existing buildings were a matter dealt with by those Regulations, s 4(2)(a) of the 1964 ordinance empowered the Minister to insert sub-reg 11(1) requiring a written permit for alterations. No permit was issued for the relevant alterations, so the respondent was empowered under s...

Jurisdiction
Australia
Procedural Posture
Appeal Concerning Refusal of an Order Nisi for a Prerogative Writ Challenging the Validity of a Building Controller's Notice / Appeal to the High Court of Australia
Outcome
Appeal dismissed. No order as to costs.
Legal Topics
['validity of Delegated Legislation' 'retrospective Validation of Regulations' 'demolition Notice' 'permit for Alterations to Building' 'effect of Repeal of Regulation Making Power']
['administrative Law' 'building and Planning Law' 'statutory Interpretation'] ['validity of Delegated Legislation' 'retrospective Validation of Regulations' 'demolition Notice' 'permit for Alterations to Building' 'effect of Repeal of Regulation Making Power']

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Procedural Posture

Appeal Concerning Refusal of an Order Nisi for a Prerogative Writ Challenging the Validity of a Building Controller's Notice / Appeal to the High Court of Australia

Legal Issues

  1. 1 ['Whether the Canberra Building Regulations validly required a permit to authorize alterations to an existing building at the relevant time.' 'Whether invalid provisions of the Canberra Building Regulations made in 1924 were retrospectively validated by later ordinances and kept in force.' 'Whether the Minister had power under s 4(2)(a) of the Building Ordinance 1964 to insert sub-reg 11(1) requiring a written permit for alterations.' 'Whether the respondent was empowered under s 46(1)(a) of the Building Ordinance 1972-1974 ACT to give the notice requiring restoration or demolition of unauthorized alterations.']

Ratio Decidendi

The invalid provisions of the Canberra Building Regulations made in 1924 were retrospectively validated by s 4 of the Building and Services Ordinance 1925 and treated as sustained in operation by s 4(2) of the Federal Capital Commission's Powers Ordinance 1924. The Canberra Building Regulations, including their application to alterations, were kept in force by the Building Ordinance 1964. Because alterations to existing buildings were a matter dealt with by those Regulations, s 4(2)(a) of the 1964 ordinance empowered the Minister to insert sub-reg 11(1) requiring a written permit for alterations. No permit was issued for the relevant alterations, so the respondent was empowered under s...

Court Disposition

Appeal dismissed. No order as to costs.

Orders

  • ['Appeal dismissed.' 'No order as to costs.']