Grace Lawyers has issued an update on a case it has been involved with acting for the strata owners . In this case Brookfield Australia Investments Limited (A.C.N 008 687 063)(Brookfield) v The Owners – Strata Plan No 61288 Proceedings Number S66/2014 HC the Court of Appeal found that the builder of a commercial apartment block owed a duty of care to the Owners Corporation to avoid causing it to suffer loss resulting from latent defects in the common property which were structural or constituted a danger to persons or property. The builder lodged an appeal with the High Court and the decision of the Court was handed down today, 8 October 2014. In its decision, the High Court unanimously allowed the appeal and set aside the Court of Appeal decision.
Full details of the case and the ramifications of the High Court decision are available here.
Thank you to Colin Grace and Daniel Radman of Grace Lawyers for allowing us to publish these details.