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ARTICLE · 28 MARCH 2016

Residential Focus - 23 March 2016

Holding Redlich
Holding Redlich
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Holding Redlich

Holding Redlich

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This newsletter has media releases, reports, cases and legislation relating to residential design and construction.

AustraliaReal Estate and Construction
Christine Jones
Christine Jones
Jarrad McCarthy (Formerly With Holding Redlich)
Jarrad McCarthy (Formerly With Holding Redlich)
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The New South Wales Court of Appeal recently considered a personal injury claim where a pre-purchase inspection report provided the factual basis for the trial judge to find a breach of a duty of care to take precautions against the risk of injuries occurring due to a condition of the premises that the home owners knew or ought to have known was a foreseeable risk of injury.

The appellant home owners purchased a property after obtaining a pre-purchase report in 2002. The pre-purchase report did not identify the veranda or balustrade as an "Issue" or Safety Concern" however the report indicated that a number of design and maintenance problems with the balcony and balustrades existed. The report advised organising an inspection by an engineer and repairing or replacing some parts. The respondent, a guest of the home owners, suffered chest and spine injuries as a result of a glass panel in the balustrade giving way, and succeeded at first instance in the NSW District

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