28 Sept 2007
BODY CORPORATE NO. 188273 AND ANOR V LEUSCHKE GROUP ARCHITECTS LTD AND ORS HC AK CIV 2004-404-002003
- Citation
- openlaw-c6ab1004_fe85_455d_a337_18351659f909.pdf
- Court
- High Court
Colmark Developments Ltd, not M A Cooper personally, was the developer of the Rendall Terrace project; Cooper's actions were performed in his capacity as director/agent and lacked the requisite actual control, knowledge or specific assumption of responsibility linked to the construction defects to impose a personal duty of care; therefore Cooper was not a tortfeasor and Council's contribution and assigned claims against him fail.