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ARTICLE · 11 MARCH 2013

Does a builder owe a duty of care to an owners corporation?

The Supreme Court of NSW has dismissed negligence claim for defective works by an owners corporation against a builder.

AustraliaLitigation, Mediation & Arbitration
Jun Zhou
Jun Zhou
Daniel Ward
Daniel Ward

In brief - Supreme Court of NSW dismisses negligence claim for defective works

In the decision of Owners Corporation Strata Plan 61288 v Brookfield Multiplex [2012] NSWSC 1219 (the Mantra case), Justice McDougall of the Supreme Court of NSW dismissed a negligence claim for defective works by an owners corporation against a builder on the grounds that there was no duty of care owed.

Owners Corporation brings claim against builder for defects in development

The plaintiff in the Mantra case was the Owners Corporation of serviced apartments at Chatswood.

The development was designed and constructed by the defendant, Brookfield Multiplex Pty Ltd, pursuant to a contract with the developer, Chelsea Apartments Pty Ltd.

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