Lym International Pty Ltd v Marcolongo

• 1. BUILDING AND CONSTRUCTION — s 177 Conveyancing Act 1919 — "duty of care not to do anything on or in relation to land..." — whether developer's decision to use particular support system was "doing something" in relation to land — whether developer's decision to use particular support system was something that "removed the support provided by the supporting land" — whether developer's decision to use particular support system was made without exercising reasonable care — relevance of departure from construction certificate
• 1. BUILDING AND CONSTRUCTION — s 109ZJ Environment Planning and Assessment Act 1979 — whether party was a "contributing party" — effect of agreement of all parties that it would not be alleged that, had a person been a party to the action, that person would have been a contributing party
• 1. NEGLIGENCE — causation — s 5D Civil Liability Act 2002 — whether failure to warn or advise can only be causative of loss if a warning or notification, if given, would have been acted upon in a way that prevented the loss — whether it is appropriate to attribute liability to someone who puts in place the preconditions that enable another person's negligence to become effective — discussion of the principles governing causation under s 5D
• 1. AGENCY — whether one party contracted with another as agent for a third party, or whether that party separately contracted with the other in performance of contractual obligations to the third party

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