Roberts v Goodwin Street Developments Pty Ltd

(2023) 110 NSWLR 557; [2023] NSWCA 5

NSW Court of Appeal

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Interrogate

Catchwords

1. Building and Construction
2. › Statutory duty of care
3. › Design and Building Practitioners Act 2020 (NSW)
4. › Scope of 'building work' and 'construction work'
5. › Whether statutory duty of care applies to boarding houses
6. › Meaning of 'building' in s 36(1)
7. › Design and Building Practitioners Act 2020 (NSW), ss 4, 36, 37
1. Damages
2. › Tortious damage to property
3. › Reversionary interest
4. › Measure of damages
5. › Whether cost of rectification or diminution in value of reversionary interest
6. › Evidentiary burden on party challenging reasonableness of elected measure
1. Torts
2. › Trespass
3. › Action on the case
4. › Injury to reversionary interest
5. › Standing of reversioner to sue for damage during tenant's possession
1. Practice and Procedure
2. › Pleadings
3. › List Statements in Technology and Construction List
4. › Whether recharacterisation of claim from trespass to action on the case constituted denial of procedural fairness
5. › Whether change of legal label alters nature of claim where material facts unchanged

Quick Take

The statutory duty of care in s 37 of the DBP Act applies to boarding houses and potentially all buildings within the broad EPA Act definition, not merely class 2 buildings. In defending property damage claims, the evidentiary burden of challenging the reasonableness of a plaintiff's election to claim rectification costs lies with the defendant.