The Owners – Strata Plan No 61288

The Owners – Strata Plan No 61288 v Brookfield Australia Investments Ltd [2013] NSWCA 317

Decision: 25 September 2013
The Court of Appeal (overturning the Supreme Court decisions of Owners Corporation Strata Plan 61288 v Brookfield Multiplex [2012] NSWSC 1219 and Owners Corporation Strata Plan 61288 v Brookfield Multiplex Limited [2012] NSWSC 1586) held that the builder owed the owners corporation a duty to exercise reasonable care in the construction of the building to avoid causing the owners corporation to suffer loss resulting from latent defects in the common property vested in the owners corporation, which defects (a) were structural, or (b) constituted a danger to persons or property in, or in the vicinity of, the serviced apartments, or (c) made those apartments uninhabitable.