SWEENEY & ANOR v COFFEY PTY LTD & ORS [1999] NSWCA 38

SWEENEY & ANOR v COFFEY PTY LTD & ORS [1999] NSWCA 38

The architect was not in breach of duty because his liability did not extend to personal supervision of temporary waterproofing when a specialist contractor was engaged, and no error was shown in the findings on damages or costs. The appeal failed on all grounds.

Jurisdiction
Australia
Judgment Date
16 February 1999
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['negligence' 'breach of Duty to Take Reasonable Care' 'damages for Loss of Use of House' 'supreme Court Rules Part 72' "referee's Report"]
['contracts' 'torts'] ['negligence' 'breach of Duty to Take Reasonable Care' 'damages for Loss of Use of House' 'supreme Court Rules Part 72' "referee's Report"]

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the architect owed and breached a duty to supervise temporary waterproofing' 'Proper assessment of damages for loss of use of house' "Whether a Bullock or Sanderson order should be made in respect of engineer's costs"]

Ratio Decidendi

The architect was not in breach of duty because his liability did not extend to personal supervision of temporary waterproofing when a specialist contractor was engaged, and no error was shown in the findings on damages or costs. The appeal failed on all grounds.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed with costs' 'Orders under Part 72 Supreme Court Rules adopted' 'Verdict for architect against plaintiffs affirmed' 'Plaintiffs pay costs of the engineer']