The Court of Appeal decision in The Owners – Strata Plan 61288 v Brookfield Australia Investments Ltd[1] delivered on 25 September 2013 considered a claim by a successor in title for the cost of rectifying defective building works, finding in its favour despite it not being a party to the contract and the works not being residential building works under the Home Building Act 1989 (NSW) (“Act”).
The decision provides a useful guide as to the pertinent factors to be considered when ascertaining if a builder owes a duty of care and an indication of the weighting likely to be given to such factors. More…