A Case Note on Roberts v Goodwin Street Developments Pty
Ltd [2023] NSWCA 5
Extension of the Duty of Care under DBPA
The Supreme Court in Goodwin1 held that the coverage
of duty of care under section 37(1) of the Design and Building
Practitioners Act 2020 (NSW) (DBPA) extends
beyond residential buildings. This decision clarified the scope of
the duty of care under DBPA.
Recently, the New South Wales Court of Appeal (Appeal
case)2 confirmed the Supreme Court's
decision in Goodwin, although for different reasons.
The Appeal case has provided better clarity and strengthened the
broad applicability of the DBPA. The DBPA now applies to most (if
not all) buildings in New South Wales.
