A builder of a newly constructed home is liable in negligence for personal injury caused by a construction defect to a member of the immediate family of the first occupiers, without the need for the builder to have had notice of the defect. Where statute law changes after trial but before judgment is delivered, a party who fails to draw the change to the trial judge's attention and seek to reopen the case will not be permitted to rely on the new law on appeal or obtain a new trial, particularly where the opposing party would suffer procedural unfairness from not having had the opportunity to address the new claim by evidence and submissions.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.