Tyrrell v The Owners Corporation Strata Scheme 40022

[2007] NSWCA 8

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Separate determination of questions
3. › Determination of preliminary or separate issue under r 28.2
4. › Whether appropriate to determine duty of care as separate question on assumed facts
5. › Whether assumed facts leave too much open to disputation
6. › Civil Procedure Act 2005 (NSW), s 56
7. › Uniform Civil Procedure Rules, r 28.2
1. Torts
2. › Negligence
3. › Duty of care
4. › Economic loss
5. › Personal liability of director of one-man corporation
6. › Whether director personally owes duty of care for defective building work performed through company
7. › Question declined to be answered

Quick Take

A separate question regarding the existence of a duty of care in a negligence case should not be determined on assumed facts where the existence of duty is a mixed question of fact and law; agreed facts or evidence are required to allow the court to resolve the matter in a final and determinative manner. The personal liability of a director of a one-man corporation for economic loss arising from defective building work remains an open question in Australian law.