Moorabool Shire Council & Anor v Taitapanui & Ors

(2006) 14 VR 55; [2006] VSCA 30

Victorian Court of Appeal

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Interrogate

Catchwords

1. Tort
2. › Negligence
3. › Duty of care
4. › Pure economic loss
5. › Building surveyor
6. › Duty owed to subsequent purchasers of house
7. › Whether surveyor who negligently issued building permit owed duty of care to subsequent purchasers
8. › Salient features analysis
9. › Vulnerability
10. › Assumption of responsibility
11. › Known reliance or dependence
12. › Building Act 1993 (Vic), ss 17, 19, 24
13. › Sale of Land Act 1962 (Vic), s 32(1A)
1. Tort
2. › Negligence
3. › Duty of care
4. › Pure economic loss
5. › Statutory framework as salient feature
6. › Private building surveyor exercising functions under Building Act 1993 (Vic)
7. › Whether statutory scheme supported imposition of duty of care on surveyor in favour of subsequent purchasers
8. › Certification function
9. › Building permit as assurance to prospective purchasers
1. Tort
2. › Negligence
3. › Duty of care
4. › Pure economic loss
5. › Vulnerability
6. › Whether subsequent purchasers of domestic dwelling were vulnerable to consequences of surveyor's want of reasonable care
7. › Whether availability of pre-purchase building inspection negated vulnerability
8. › Woolcock Street Investments Pty Ltd v CDG Pty Ltd (2004) 216 CLR 515
1. Tort
2. › Negligence
3. › Duty of care
4. › Pure economic loss
5. › Reliance
6. › Whether actual reliance by plaintiff on defendant's conduct is essential element for duty of care
7. › General or known reliance distinguished from actual reliance
8. › Bryan v Maloney (1995) 182 CLR 609

Quick Take

A private building surveyor who voluntarily assumes statutory functions under the Building Act 1993 (Vic) owes a duty of care to subsequent purchasers of a house (at least within the seven-year s 32(1A) period) to exercise reasonable care in issuing a building permit. The statutory framework, including the certification function and the requirement to disclose permit particulars to prospective purchasers, is a salient feature of central importance. Actual reliance by the subsequent purchaser on the surveyor's work is not required; vulnerability and the known dependence of subsequent owners on the proper performance of the surveyor's statutory functions suffice.