NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Dix Gardner Pty Ltd v The Owners – Strata Plan 82053 [2017] NSWSC 940 Hearing dates: 22 September 2016 Date of orders: 18 July 2017 Decision date: 18 July 2017 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:
(1) The appeal is upheld.
(2) The decisions of her Honour Magistrate Milledge dated 16 April 2015 and 13 November 2015 are set aside.
(3) The proceedings are remitted to the Local Court to be determined according to law.
(4) Leave is granted to the parties to approach my associate in relation to costs within 14 days. Catchwords: LOCAL COURT APPEAL – jointly and severally liable - duty of care – duty of care to subsequent purchaser – vulnerability – assumption of reliance – appeal upheld Legislation Cited: Building Professionals Act 2005 (NSW) Civil Liability Act 2002 (NSW) ss 35, 41, 43 Civil Procedure Act 2005 (NSW) s 100 Employees Liability Act 1991 (NSW) s 3 Environmental Planning and Assessment Act 1979 (NSW) ss 109C, 109D,109E, 109H Local Court Act 2007 (NSW) ss 39, 40, 41 Cases Cited: Beale v Government Insurance Office (NSW) (1997) 48 NSWLR 430 Brookfield Multiplex Ltd v Owners Corp Strata Plan 61288 (2014) 254 CLR 185; [2014] HCA 36 Chan v Acres [2015] NSWSC 1885 Moorabool Shire Council v Taitapanui (2006) 14 VR 55 Pollard v RRR Corporation Pty Limited [2009] NSWCA 110 Presland v Hunter Area Health Service [2003] NSWSC 754 Soulemezis v Dudley (Holdings) Pty Limited (1987) 10 NSWLR 247 Stoker v Adecco Gemvale Constructions Pty Ltd [2004] NSWCA 449 Swain v Waverley Municipal Council (2005) 220 CLR 517; [2005] HCA 4 Sydney Water v Asset Geotechnical Engineering [2013] NSWSC 1274 University of Wollongong v Metwally (No 2) (1985) 59 ALJR 481 Category: Principal judgment Parties: Dix Gardner Pty Ltd (First Plaintiff) Lyall Dix (Second Plaintiff) The Owners – Strata Plan 82053 (Defendant) Representation: Counsel: R de Meyrick (Plaintiffs) N Kulkarni (Defendant
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