Recent Cases

Roberts v Goodwin Street Developments Pty Ltd [2023] NSWCA 5 (10 February 2023) (Ward P, Kirk JA and Griffiths AJA)


Catchwords:


BUILDING AND CONSTRUCTION — Contract — Defects — Duty of care — Whether statutory duty of care under the Design and Building Practitioners Act 2020 (NSW) applies in relation to “boarding houses” — Meaning of “building work” — Meaning of “construction work”

BUILDING AND CONSTRUCTION — Contract — Damages — Whether proper measure of damages to reversionary interest in property is the rectification of the damage or the diminution in value of the reversionary interest

CIVIL PROCEDURE — Commercial List, Technology and Construction List — Procedure — List Statements — Where respondent failed to plead action on the case in trespass in List Statement — Whether denial of procedural fairness to determine the matter on that basis