The Owners Strata Plan 78622 v Kingston Building PTY LTD [2012] NSWDC 224

District Court New South Wales

Medium Neutral Citation: The Owners Strata Plan 78622 v Kingston Building PTY LTD [2012] NSWDC 224 Hearing dates: 2 October, 7 November 2012 Decision date: 17 December 2012 Before: Acting Judge F Marks Decision: (1) Verdict for the defendant on the plaintiff's claim. (2) Verdict for each of the cross defendants on the cross claims (3) Costs reserved with liberty to apply Catchwords: TORTS - duty of care - plaintiff became owner of apartment building on registration of strata plan-claim for economic loss against builder-strike out motion by cross defendant alleging no cause of action-held no cause of action applying judgment of Judge of Supreme Court STARE DECISIS held bound to follow judgment of Judge of Supreme Court Legislation Cited: Strata Schemes Management Act 1996 (NSW) Cases Cited: Woolcock Street Investments Pty Ltd v CDG Pty Ltd (2004) 216 CLR 515 Bryan v Maloney (1995) 182 CLR 609 Astley v Austrust Ltd (1999) 197 CLR 1 Central Trust Co V Rafuse (1986) 31 DLR 521-522 Owners Corporation Strata Plan 72535 v Brookfield [2012] NSWSC712 Owners Corporation Strata Plan 61288 v Brookfield Multiplex [2012] NSW SC 1219 Category: Principal judgment Parties: Plaintiff: P Gray SC and D Hand Defendant: G Carolan 1st Cross Defendant (SKE) A J McInerney SC and G O'Mahoney 2nd Cross Defendant (Tyco) D Jury Representation: Plaintiff: P Gray SC and D Hand Defendant: G Carolan 1st Cross Defendant (SKE) A J McInerney SC and G O'Mahoney 2nd Cross Defendant (Tyco) D Jury Plaintiff: Harris Wheeler Defendant: McDonald Johnson 1st Cross Defendant Wilson& Co 2nd Cross Defendant HBLEbsworth File Number(s): 2010/248371