7 Jul 2008
WHARE CORPORATION LIMITED V BODY CORPORATE 206552 HC AK CIV 2007-404-006500
- Citation
- openlaw-b26f1e69_02f1_408e_bb99_8b3c7f6d73e8.pdf
- Court
- High Court
No common law duty of care existed requiring the Body Corporate to ensure the s 36 certificate was correct beyond the statutory scope; s 36 did not require disclosure of the matters sought by the appellant except the general nature of any act incurring liability (here only the fact that legal advice was sought and any liability would be limited to those costs); statements by the building manager were outside the Body Corporate's authority and did not expose the Body Corporate to liability under the Fair Trading Act; appeal dismissed.