9 Aug 2012
JOHNSTON V SCHURR COA CA616/2010
- Citation
- COA CA616/2010
- Court
- Court of Appeal
The PPPR Act does not admit a private law action for breach of statutory duty simpliciter because s49 limits liability to bad faith or lack of reasonable care and the statutory scheme provides supervisory and enforcement mechanisms; a property manager is not under an actionable statutory duty to seek additional powers or appoint a co-manager where the Court has excluded such powers; Deem & Shearer owed no continuing duty to the appellant after his incapacity; and leave to amend to add negligence was refused because it would cause prejudice and the evidence did not adequately establish the app…