22 Mar 2010
O'HAGAN V BODY CORPORATE 189855 AND ORS CA CA506/2008
- Citation
- openlaw-c0163d2f_8c5a_44e5_91bf_8c55f4af208f.pdf
- Court
- Court of Appeal
The Court held the Council was liable for negligent inspections that caused latent waterproofing defects even though no code compliance certificate issued; purchasers were entitled to rely on proper inspections (general reliance) but failure to obtain a LIM or equivalent enquiries is contributory negligence (reducing awards); where a purchaser instructed a solicitor to obtain searches the solicitor's failure to obtain a LIM can be attributed to the purchaser for apportionment purposes; a body corporate may sue for damage to common property pro rata to proprietors; awards for non-economic loss…