Coulter v Bush; Coulter v Domain Residential Northern Beaches Pty Ltd [2024] NSWSC 267

Supreme Court New South Wales

Medium Neutral Citation: Coulter v Bush; Coulter v Domain Residential Northern Beaches Pty Ltd [2024] NSWSC 267 Hearing dates: 11-12 March 2024 Date of orders: 19 March 2024 Decision date: 19 March 2024 Jurisdiction: Common Law Before: Hammerschlag CJ in Eq Decision: Judgment for the plaintiff and the second defendant/cross-claimant Catchwords: TORT – CONSUMER LAW - Civil Liability Act 2002 Part 1A, Part 4 – Australian Consumer Law s 60 - Duty of care – Negligence – Where an employee of the real estate agent retained by the owner of a house causes a fire and the house burns down – Claim by tenants and occupiers for damages for the loss of personal property in the house and by the owner for damages for the loss of the house – Claim by the owner that the real estate agent breached the warranty given in s 60 of ACL to render services with due care and skill – Whether the real estate agent caused the fire and acted negligently and without due care and skill – Liability established Legislation Cited: Civil Liability Act 2002 (NSW) Competition and Consumer Act 2010 (Cth) Category: Principal judgment Parties: 2021/00268164: Elise Louise Coulter (First Plaintiff) Joshua Reginald Songaila (Second Plaintiff) Peter Alan Bush (First Defendant, First Cross-claimant) Domain Residential Northern Beaches Pty Limited (Second Defendant, First Cross-defendant)

2021/00348199: Lauren Linda Coulter (First Plaintiff) Ella Rae Eagle (Second Plaintiff) Domain Residential Northern Beaches Pty Ltd (Defendant) Representation: Counsel: 2021/00268164: C Alexander (First and Second Plaintiffs) D Priestley SC (First Defendant, First Cross-claimant) S Sykes (Second Defendant, First Cross-defendant)