Bryan v Maloney remains binding authority for a builder's duty of care to subsequent purchasers of a dwelling house, notwithstanding the High Court's rejection of the proximity doctrine. To sustain such a claim, a subsequent purchaser must plead material facts establishing: reliance on the builder's skill, assumption of responsibility by the builder, that defects were not discoverable by reasonable diligence before purchase, the absence of relevant contractual limitations, and the absence of intervening negligence. A bare allegation that the plaintiff is a subsequent purchaser of a house built by the defendant is insufficient.
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