Pafburn Pty Limited v The Owners - Strata Plan No 84674Citation:[2024] HCA 49Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJDate:11 Dec 2024Case Number:S54/2024Read more

Pafburn Pty Limited v The Owners - Strata Plan No 84674Citation:[2024] HCA 49Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJDate:11 Dec 2024Case Number:S54/2024Read more

The court held that the proportionate liability regime under Part 4 of the Civil Liability Act 2002 (NSW) applies to claims for breach of the statutory duty of care under section 37 of the Design and Building Practitioners Act 2020 (NSW), as such claims are apportionable and involve concurrent wrongdoers.

Parties
Plaintiff: Owners Corporation; Defendant: Developer; Defendant: Head Building Contractor
Jurisdiction
Australia
Judgment Date
11 December 2024
Procedural Posture
Tort Negligence / Judgment
Outcome
claim allowed in part
Legal Topics
Negligence, Concurrent Wrongdoers, Proportionate Liability, Statutory Duty, Economic Loss
Tort Law Construction Law Negligence Concurrent Wrongdoers Proportionate Liability Statutory Duty Economic Loss

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Parties

Owners Corporation

Plaintiff

Developer

Defendant

Head Building Contractor

Defendant

Procedural Posture

Tort Negligence / Judgment

Legal Issues

  1. 1 Whether the Civil Liability Act 2002 (NSW) Part 4 limits liability for damages for breach of section 37 of the Design and Building Practitioners Act 2020 (NSW)
  2. 2 Whether the duty to exercise reasonable care under section 37 of the DBPA is subject to proportionate liability provisions

Ratio Decidendi

The court held that the proportionate liability regime under Part 4 of the Civil Liability Act 2002 (NSW) applies to claims for breach of the statutory duty of care under section 37 of the Design and Building Practitioners Act 2020 (NSW), as such claims are apportionable and involve concurrent wrongdoers.

Court Disposition

claim allowed in part

Orders

  • Liability apportioned between developer and head building contractor according to their respective responsibility for the loss
  • Damages to be assessed in accordance with the proportionate liability regime