NSW Caselaw
New South Wales Court of Appeal
CITATION: NEIL GIBSON v JOHN EDWIN EASTGATE & ANOR [2008] NSWCA 81
HEARING DATE(S): 28 April 2008 JUDGMENT OF: Basten JA at 26; Bell JA at 27; Handley AJA at 2
EX TEMPORE JUDGMENT DATE: 28 April 2008
(1) Leave to appeal granted. DECISION: (2) Filing and service of notice of appeal dispensed with. (3) Appeal dismissed with costs.
CATCHWORDS: BUILDER - Owner -Builder - Passive co-owner owed no duty of care to later purchasers - NEGLIGENCE - duty of care - to avoid causing economic loss - Owner-builder - Passive co-owner owed no duty of care to purchasers
LEGISLATION CITED: Building Services Corporation Act 1989
CATEGORY: Principal judgment
CASES CITED: Bryan v Maloney (1995) 182 CLR 609 Woolcock Street Investments Pty Limited v CDG Pty Limited (2004) 216 CLR 515
PARTIES: Neil Gibson (Appellant) John Edwin Eastgate & Anor (Respondents)
FILE NUMBER(S): CA 40556/07
COUNSEL: D Ronzani (Appellant) S Cairns (Respondents)
SOLICITORS: Southern Districts Legal (Appellant) Peter Merity (Respondents)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 5226/07
LOWER COURT JUDICIAL OFFICER: Truss DCJ
LOWER COURT DATE OF DECISION: 3 May 2007
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40556/07
BASTEN JA BELL JA HANDLEY AJA
28 April 2008 NEIL GIBSON v JOHN EDWIN EASTGATE & ANOR
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