The State of New South Wales v Bovis Lend Lease Pty Limited (formerly Civil & Civic Pty Limited) [2007] NSWSC 1045

Reported Decision : (2007) Aust Torts Reports 81-917

New South Wales Supreme Court

CITATION : The State of New South Wales v Bovis Lend Lease Pty Limited (formerly Civil & Civic Pty Limited) [2007] NSWSC 1045 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 10/09/07, 11/09/07

JUDGMENT DATE : 20 September 2007

JURISDICTION : Equity Division Technology and Construction List

JUDGMENT OF : Einstein J

DECISION : Referee held to have erred in finding duty of care.

CATCHWORDS : Sydney Olympic Park Authority brings proceedings as a statutory corporation representing the Crown in right of New South Wales and in name of State of New South Wales pursuant to Crown Proceedings Act 1988 (NSW) - Claims arise out of construction by Civil and Civic [now Bovis Lend Lease] of pool facilities at Sydney Aquatic Centre in anticipation of 2000 Olympic Games - Proceedings referred for enquiry and report under Part 20 rule 14 of Uniform Civil Procedure Rules 2005 - Cross applications for adoption and rejection of referees report - Principles to be applied - Tort - Duty of care in cases of pure economic loss - Whether duty of care owed by defendant- Concepts of vulnerability and reliance - Circumstances permeated by succession of statutory corporation successors to Homebush Abattoir Corporation being the statutory corporation in which the land vested at a material time which was not a party to the building contract and destined to be dissolved by legislation passed but not yet effective - Statute - Examination of statutory vesting of right to sue

Arbitration Act 1902 (NSW) Crown Proceedings Act 1988 (NSW) Growth Centres (Development Corporations) Act 1974 (NSW) Homebush Abattoir Corporation (Dissolution and Transfer) Act 1991 (NSW) Homebush Bay Ministerial Corporation (Dissolution) Act 1993 (NSW) Income Tax Assessment Act 1936 (Cth) LEGISLATION CITED : Limitation Act 1969 (NSW) Olympic Co-ordination Authority Act 1995 (NSW) Olympic Co-ordination Authority Dissolution Act 2002 (NSW) Public Works Act 1912 (NSW) Superannuation Administration Act 1987 (NSW) Supreme Court Rules 1970 (NSW) Sydney Olympic Park Authority Act 2001 (NSW) Uniform Civil Procedure Rules 2005 (NSW)