Windows explode, blinds melt in apartments in Vue tower on King William Rd, District Court hears

WINDOWS “have exploded and blinds have melted” in Adelaide’s tallest CBD apartment complex, Vue Apartment Tower — as resident complaints about heat issues inside the two-year-old tower land in court.

The residents at the Vue building are unhappy over the heat inside the complex.

• Hot property: Vue on King William residents lodge legal action

WINDOWS “have exploded and blinds have melted” in an Adelaide CBD apartment complex — as residents complain about heat issues inside the two-year-old Vue on King William tower, the District Court has heard.

Residents in the city’s tallest residential building, the Vue on King William, have also taken heat readings inside their apartments that have revealed huge differences between internal and external temperatures, a lawyer for the building’s management corporation said.

The details have emerged in court action launched by the corporation — which is seeking access to building plans of the $100 million tower — to investigate potential cause of heat-related issues and whether residents may have grounds to sue for damages, breach of contract and misleading and deceptive conduct.

A shattered window in the Vue on King William apartment building, which is at the centre of heat complaints. Picture: supplied.

The Advertiser revealed last month that residents had refused to renew leases, broken leases and even covered windows in wrapping paper to try and beat the heat.

The corporation’s lawyer Tom Besanko told District Court Master Mark Rice last Friday that it was “clear” there was something wrong with the building, which opened two years ago.

“We’ve had four shattered windows, some of them has been described as exploding,” he said, in a transcript of the June 15 hearing.

“We’ve had melted blinds, presumably as a consequence of the heat on the glass, and we have a number of residents who have undertaken heat surveys which have identified huge temperature differentials between the temperature in the room and the temperature outside.

“There have also been a raft of complaints about the heat issue by whole number of different individual lot owners.

“So standing back and looking at this, in circumstances where the building is only two years old, this should not be happening.”

Residents have taken internal temperature readings inside the Vue. This image shows a temperature reading of 37C at 9am on September 8, 2017 recorded on a thermometer placed against an east-facing apartment window. The resident's mobile phone shows the outside temperature was 13.5C

Mr Besanko told the court last week that “whatever is wrong” with the building may not be the fault of developer.

“It could be a consequence of something someone else has done,” he said.

“My client may have a cause of action against some other person or some other body … and it is permissible for my client to bring an application seeking documents from the respondent in order to determine whether it has got a claim.”

A couple, who declined to be identified, supplied to The Advertiser temperature readings taken inside their apartment, which showed on February 3 the temperature in their bedroom reached 52.9C — 19.8C higher than the maximum outside temperature on that day.

A graph showing temperature readings taken on an east-facing window in an apartment in the Vue on King William tower. Picture: Supplied

Lawyer Sam Hurburgh, acting for developer Vue on KWS — a joint venture between Starfish Developments and the Deague Group — said his clients should not have to release documents because the corporation could not legally take action on behalf of individual property owners.

“There’s not enough before the court for Your Honour to believe that there may be a cause of action as has been put forward,” he said.

He said the plaintiff had sought to draw the issue of the smashing glass as an “extra basis” to seek a request for documents.

A blind which has appeared to have melted inside an apartment in the Vue on King William.

He said the shattering glass was not a defect but was caused by the presence of nickel sulphide inclusions.

Mr Rice asked whether “you would expect” shattering of glass with nickel sulphide.

Mr Hurburgh said it did not give rise to an expectation that it happened all the time.

Mr Rice reserved judgement on the corporation’s application.

Vue on KWS, in a statement to The Advertiser last month, said the building was built to “exacting high standards and was certified prior to occupancy”.