9 Nov 2007
W YOUNG V RT HOLDEN AND ORS HC AK CIV 2006-404-6989
- Citation
- openlaw-7432058a_5018_41d1_8c73_3bc2dc5569eb.pdf
- Court
- High Court
The court found on the undisputed evidence that Conrad, not the first defendant, was the developer; the first defendant did not assume personal responsibility or control of design or construction and therefore owed no personal duty of care; the plaintiff's Fair Trading Act claim is based on negligence rather than misleading conduct and is time-barred under s43(5); the 2003 settlement releasing Conrad likely discharges joint tortfeasors. Accordingly none of the plaintiff's causes of action against the first defendant could succeed and summary judgment under r136(2) was appropriate.