Kazzi v KR Properties Global Pty Ltd t/as AK Properties Group

• 1. Torts
  2. › Negligence
  3. › Duty of care
  4. › Statutory extension of duty
  5. › Design and Building Practitioners Act 2020 (NSW), s 37
  6. › Duty of nominated supervisor of building works
  7. › Whether nominated supervisor breached duty by directing construction otherwise than in accordance with approved plans
  8. › Whether failure to carry out works in proper and workmanlike manner constituted breach
• 1. Torts
  2. › Negligence
  3. › Assessment of damages
  4. › Hungerfords interest
  5. › Interest on borrowings as damages for delayed completion of building works
  6. › Whether negligence of nominated supervisor caused owners to incur interest on borrowings
  7. › Where delay resulted from multiple conjunctive causal factors
  8. › Whether interest should run from contractual date of practical completion
• 1. Torts
  2. › Negligence
  3. › Assessment of damages
  4. › Proof of loss
  5. › Rectification costs for defective building works
  6. › Whether evidence of architect and project manager provided sufficient basis for allocation of costs between completion and rectification works
  7. › Presumption against wrongdoers where defendant's conduct made precise assessment difficult
• 1. Torts
  2. › Negligence
  3. › Causation
  4. › Multiple conjunctive causal factors
  5. › Whether defendant's negligence materially contributed to injury
  6. › Whether concurrent causes of delay negatived causal link

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