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ARTICLE · 29 OCTOBER 2006

Case Note - BAK v. Glenleigh Homes Pty Limited [2006] NSW CA 10

This appeal was allowed because fresh evidence came to light after the appeal had been argued but before the decision had been handed down. Nevertheless, the Judges engaged in some useful discussion of the extent to which a Plaintiff must prove causation on the balance of probabilities in a case involving a "loss of chance" claim.

AustraliaLitigation, Mediation & Arbitration

In Brief

  • This appeal was allowed because fresh evidence came to light after the appeal had been argued but before the decision had been handed down.
  • Nevertheless, the Judges engaged in some useful discussion of the extent to which a Plaintiff must prove causation on the balance of probabilities in a case involving a "loss of chance" claim.

Background

  • On 21st October 1997, Mr Bak (the Plaintiff) and Glenleigh Homes Pty Limited (the Defendant) entered into an agreement for construction of a house on Mr Bak’s property in the terms of the Housing Industry Association (NSW division) Building Agreement Edition 9. On the same day, Mr Bak also signed a document acknowledging the Master Builders Australia’s "Homeowner’s Guide for protection from Termites (July 1995 Edition)" and acknowledging that an "Evencure XD5 Granitgard" system would be installed.
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