Recent Cases

The Owners Strata Plan No 84674 v Pafburn Pty Ltd [2023] NSWCA 301 (13 December 2023) (Ward P, Adamson JA and Basten AJA)


APPEAL – leave to appeal – interlocutory order refusing to strike out defence – defence pleaded plaintiff’s claim apportionable – issue of general public importance – significant impact on course of trial

TORT – duty of care – statutory duty for construction work – extension of duty to subsequent owners of land – duty non-delegable – whether claim is apportionable under Pt 4 of Civil Liability Act 2002 (NSW) – claim by owners corporation for defective works – Design and Building Practitioners Act 2020 (NSW), s 37(1)

WORDS AND PHRASES – “non-delegable duty – “tort” – “vicarious liability”