The Owners – Strata Plan No 84674 v Pafburn Pty Ltd

[2023] NSWSC 116

Supreme Court of NSW

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. CIVIL LIABILITY ACT — owners corporation sues builder and developer for building defects — breach of statutory duty imposed by s 37 Design and Building Practitioners Act — non-delegable duty by reason of s 39 Design and Building Practitioners Act — proportionate liability — apportionable claims — whether ss 5Q, 39(a) Civil Liability Act operate such that claim is not apportionable.

Quick Take

The Court held that defendants sued for breach of the statutory duty of care under s 37 of the Design and Building Practitioners Act 2020 (NSW) can rely on proportionate liability defences under the Civil Liability Act, despite s 39 of the DBP Act making the duty non-delegable. Section 5Q of the Civil Liability Act, which equates non-delegable duties with vicarious liability, does not apply where a duty is non-delegable by reason of statute rather than common law principles.