1 Dec 2005
THE ATTORNEY GENERAL V BODY CORPORATE NO. 200200 & ORS CA CA30/05
- Citation
- openlaw-4d978bd7_9d6c_4e86_9e2e_6073c1298fac.pdf
- Court
- Court of Appeal
The Court allowed the appeal and struck out all causes of action against the Attorney‑General/BIA: no actionable duty of care existed in respect of the face fixed monolithic cladding claim, the ABC approval claim, or the insurance approval claim because proximity between BIA and plaintiffs was insufficient and imposition of such duties would be inconsistent with the statutory scheme and policy (including the quasi‑judicial nature of approval processes and the risk of over‑vigilance), such that the claims were unsustainable.