Ideal Polyurethane v GWH Building Pty Ltd [2009] NSWDC 318

New South Wales District Court

CITATION: Ideal Polyurethane v GWH Building Pty Ltd [2009] NSWDC 318 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 21 - 24 September 2009

JUDGMENT DATE: 16 November 2009

JURISDICTION: Civil

JUDGMENT OF: Hungerford ADCJ

(1)Verdict and judgment for the second defendant against the plaintiff. DECISION: (2)Plaintiff to pay the second defendant's costs of the action on the ordinary basis in an amount as agreed or assessed. (3)Note the order made on 21 September 2009, pursuant to s 440D(1) of the Corporations Act 2001 (Cth), that the proceedings be stayed against the first defendant until further order.

CATCHWORDS: TORTS - Negligence - Defective concrete slabs in an industrial building - Economic loss - Design and construct contract with builder - Retention by builder of a civil engineer to prepare engineering drawings and to inspect works for for purpose of issuing compliance certificates - Liability of engineer to occupier of premises - Absence of contract between engineer and occupier - Reliance - Vulnerability - Damages - Causation - Proportionate liability

Civil Liability Act 2002, ss 5D(1), 34(1)(a), 34(2), 34(4), 35(1), 35(4) and Pt 4 LEGISLATION CITED: Corporations Act 2001 (Cth), s 440D(1) Environmental Planning and Assessment Act 1979, s 109ZJ

Bryan v Maloney (1995) 182 CLR 609 Cattle v Stockton Waterworks (1875) LR 10 QB 453 Henville v Walker [2001] HCA 52; (2001) 206 CLR 459 New South Wales v Bovis Lend Lease Pty Ltd [2007] NSWSC 1045 CASES CITED: Nguyen v Cosmopolitan Homes [2008] NSWCA 246 Perre v Apand Pty Ltd (1999) 198 CLR 180 Ruddock v Taylor (2003) 58 NSWLR 269 Voli v Inglewood Shire Council (1963) 110 CLR 74 Woolcock Street Investments Pty Ltd v CDG Pty Ltd [2004] HCA 16; (2004) 216 CLR 515