An intermediate appellate court should not extend Bryan v Maloney beyond structural defects or latent defects not reasonably discoverable by inspection to cover cosmetic defects such as defective painting. A subsequent purchaser who is an experienced professional in the relevant field and who chose not to test the quality of work may not be characterised as unable to take reasonable steps for their own protection. The question whether Bryan v Maloney extends to non-structural defects remains open for the High Court.
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