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Pafburn Pty Limited & Anor v. The Owners - Strata Plan No 84674

Case No. S54/2024
Case information

Lower Court Judgment

13/12/2023 Supreme Court of New South Wales (Court of Appeal) (Ward P; Adamson JA; Basten AJA)

[2023] NSWCA 301

Catchwords

Tort – Statutory duty of care for construction work – Proportionate liability – Apportionable claims – Where second appellant retained first appellant to design and construct building – Where respondent sued appellants for damages under Pt 4 of Design and Building Practitioners Act 2020 (NSW) ("DBPA") alleging defective works in common property – Where appellants pleaded proportionate liability defences under Pt 4 Civil Liability Act 2002 (NSW) ("CLA") – Where respondent sought to strike out paragraphs of appellants' pleadings on basis s 5Q CLA operates so claims under Pt 4 DBPA are not apportionable – Where primary judge held proportionate liability defence could be pleaded – Where Court of Appeal held proportionate liability cannot apply as defence to respondent’s claim under Pt 4 DBPA – Whether Court of Appeal erred in concluding s 5Q of CLA enlivened by cause of action brought under Pt 4 of DBPA – Whether Court of Appeal erred in concluding s 39 of DBPA implicitly excludes application of Pt 4 of CLA to claims under Pt 4 of DBPA – Whether, alternatively, if s 5Q of CLA is enlivened by cause of action under Pt 4 of DBPA, Court of Appeal erred in concluding no apportionment is to occur.

Documents

11/04/2024 Determination (SLA, Canberra)

24/04/2024 Notice of appeal

05/06/2024 Amended written submissions (Appellants)

05/06/2024 Amended chronology (Appellants)

01/07/2024 Written submissions (Respondent)

16/07/2024 Reply

15/10/2024 Hearing (Full Court, Canberra) (Audio-visual recording)

15/10/2024 Outline of oral argument (Appellants)

15/10/2024 Outline of oral argument (Respondent)

11/12/2024 Judgment (Judgment summary)