Duty of care – Brookfield Multiplex v Owners Corporation Strata Plan 61288 & Anor [2014] HCA 36

Decision: 8 October 2014

On 8 October 2014, the High Court handed down an important decision relating to builders’ negligence in constructing strata schemes. The bench unanimously held that Brookfield, the builder of a strata-titled apartment complex, did not owe a duty of care to the Owners Corporation to avoid causing it economic loss resulting from latent defects in the common property. This limits the option for owners corporations to sue builders in negligence.

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