31 May 2010
BODY CORPORATE 205055 & ORS V PRODESIGNERS ARCHITECTS LIMITED & ORS HC AK CIV 2007-404-001625
- Citation
- openlaw-94ed51a4_b437_4805_8e5b_c19e34aa015b.pdf
- Court
- High Court
At the time the Council performed its functions the development was intended and known to be commercial serviced accommodation rather than private residential habitation; designation as 'apartments' was insufficient to bring the development within the Hamlin exception; the plaintiffs' losses are economic and outside the Hamlin exception and no tenable health-and-safety‑based duty was established; negligent misstatement failed for lack of reasonable reliance; summary judgment for the Council was appropriate and, alternatively, the claims were struck out.