Trevor Howse Associates P/L v Dessmann & Anor Quadrant Research Services P/L v Dessman & Anor [2003] NSWCA 148

New South Wales Court of Appeal

CITATION : Trevor Howse Associates P/L v Dessmann & Anor Quadrant Research Services P/L v Dessman & Anor [2003] NSWCA 148 HEARING DATE(S) : 26/03/03, 27/03/03 JUDGMENT DATE : 13 June 2003

JUDGMENT OF : Meagher JA at 1; Sheller JA at 2; Einstein AJA at 3 DECISION : 1. That appeal CA 40594 of 2002 (Quadrant Research Services Pty Ltd v Nadia Carol Dessmann & Anor) be dismissed with costs; 2. That Appeal CA 40588 of 2002 (Trevor R Howse & Associates Pty Limited v Dessmann and Anor) be allowed, and that order 2 made by Ainslie-Wallace DCJ on 21 June 2002 against Trevor R Howse & Associates Pty Ltd be set aside; 3. That orders 3 and 4 made by Ainslie-Wallace DCJ on 21 June 2002 against Bianco Constructions Pty Limited be set aside; 4. That leave to appeal be granted from the judgment of Downs ADCJ dated 1 November 1999, and that the appeal be allowed; 5. That the order as to costs made by Downs ADCJ be set aside, and in lieu thereof order that the plaintiff pay the costs thrown away as a consequence of the adjournment; 6. That Quadrant Research Services Pty Ltd pay the costs of Trevor R Howse & Associates Pty Limited in its appeal (CA 40588 of 2002), and of the plaintiff.

CATCHWORDS : Apportionment of Damages - Duty of care to supervise building works - When duty of care discharged. Astley v Austrust Ltd (1999) 197 CLR 1 Oxley County Council v Macdonald & Ors [1999] NSWCA 126 Wheat v E Lacon & Co Ltd [1966] AC 552 at 578 NSW v Broune [2000] NSWCA 3 at [69] Australian Safeway Stores Pty Ltd v Zaluzna (1986-1987) 162 CLR 479 CASES CITED : Hackshaw v Shaw (1984) 155 CLR 614 Johnson v Johnson (NSWCA unreported 10/09/91) Drotem Pty Ltd v Manning [2000] NSWCA 320 Jones v Bartlett (2000) 205 CLR 166 at 184 US Surgical Corporation v Hospital Products (1983) 2 NSWLR 157 at 258 Northern Sandblasting Pty Ltd v Harris (1996-1997) 188 CLR 313 Trevor R Howse & Associates Pty Limited v Nadia Carol Dessmann & Quadrant Research Services Pty Ltd PARTIES : Quadrant Research Services Pty Ltd v Nadia Carol Dessman & Anor FILE NUMBER(S) : CA 40588 of 2002; 40594 of 2002 Appellant (Trevor Howse): I Bailey COUNSEL : 1st Respondent (Dessmann): P Menzies QC & Andrews 2nd Respondent (Quadrant): J B Simpkins SC & Terrington Appellant (Trevor Howse): Minter Ellison SOLICITORS : 1st Respondent (Dessmann): McGrath Dicembre & Company 2nd Respondent (Quadrant): Phillips Fox