Brirek Industries Pty Limited v McKenzie Group
Consulting (Vic) Pty Limited [2011] VCC 294
Introduction
In this case, the County Court of Victoria has adopted a more
limited reading of the scope of s134 of the Building Act
1993 (Vic) ('the Building Act'),
concerning the limitation period for building actions, than earlier
decisions of the Victorian Civil and Administrative Tribunal
('VCAT'). It is the first court (as
opposed to VCAT) decision, of which we are aware, dealing with the
scope of the section.
The issues
Section 134 of the Building Act provides as follows:
'Despite anything to the contrary in the Limitation of
Actions Act 1958 or in any other Act or law, a building action
cannot be brought more than 10 years after the date of issue of the
Occupancy Permit in respect of the building work (whether or not
the Occupancy Permit is subsequently cancelled or varied) or, if an
Occupancy Permit is not issued, the date of issue under Part V of
the
