Pafburn Pty Limited & Anor v. The Owners - Strata Plan No 84674
Case No.
S54/2024
Case Information
Lower Court Judgment
13/12/2023 Supreme Court of New South Wales (Court of Appeal) (Ward P; Adamson JA; Basten AJA)
Catchwords
Tort – Statutory duty of care for construction work – Proportionate liability – Apportionable claims – Where second appellant retained first appellant to design and construct building – Where respondent sued appellants for damages under Pt 4 of Design and Building Practitioners Act 2020 (NSW) ("DBPA") alleging defective works in common property – Where appellants pleaded proportionate liability defences under Pt 4 Civil Liability Act 2002 (NSW) ("CLA") – Where respondent sought to strike out paragraphs of appellants' pleadings on basis s 5Q CLA operates so claims under Pt 4 DBPA are not apportionable – Where primary judge held proportionate liability defence could be pleaded – Where Court of Appeal held proportionate liability cannot apply as defence to respondent’s claim under Pt 4 DBPA – Whether Court of Appeal erred in concluding s 5Q of CLA enlivened by cause of action brought under Pt 4 of DBPA – Whether Court of Appeal erred in concluding s 39 of DBPA implicitly excludes application of Pt 4 of CLA to claims under Pt 4 of DBPA – Whether, alternatively, if s 5Q of CLA is enlivened by cause of action under Pt 4 of DBPA, Court of Appeal erred in concluding no apportionment is to occur.
Documents*
11/04/2024 Determination (SLA, Canberra)
24/04/2024 Notice of appeal
30/05/2024 Written submissions (Appellants)
30/05/2024 Chronology (Appellants)
27/06/2024 Written submissions (Respondent)
18/07/2024 Reply
*The due dates shown for documents on this page are indicative only.