Certifier's duty of care to subsequent owners
In Dix Gardner Pty Ltd v The Owners - Strata Plan 82053
[2017] NSWSC 940, the Supreme Court considered an appeal by a
certifier from a decision of the Local Court which found that the
certifier had breached its duty of care to the owners corporation
of a townhouse development located near the M2 motorway.
The builder of the townhouse development had engaged an acoustic
consultant to conduct assessments regarding noise levels and any
necessary acoustic treatments that were required for the
development to be compliant. It was a condition of consent that a
report from an acoustic consultant be submitted to the
certifier.
Two reports were prepared by the acoustic consultant, one which
set out the acoustic treatments that would be required and a second
after the interim occupation certificate was issued and immediately
prior to the certifier issuing a final occupation certificate. The
second report stated that five of the
