In Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & anor  HCA 36, the High Court rejected the notion that a builder owes a duty of care to an owners corporation for pure economic loss arising from latent defects in common property. The case turned on whether the owners corporation was “vulnerable” in the relevant sense. The commercial nature of the development and the detailed contractual framework between the developer and the builder, and the developer and the purchasers of the lots that provided for how defects would be dealt with, were factors weighing against vulnerability.
Latent defects and builder’s responsibility to the OC
Common property boundaries and the Water Act – who is liable for unreasonable flows of water into an apartment?Tiphanie Acreman Date: 06-08-2019
Supreme Court confirms that OCs must carry out works to common property to avoid discrimination against persons with disabilitiesTiphanie Acreman Date: 29-06-2018