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ARTICLE · 16 DECEMBER 2024

The Pafburn Supremacy – HCA decides against DBPA apportionment

Piper Alderman
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Pafburn Pty Limited v The Owners – Strata Plan No 84674 [2024] HCA 49 (Pafburn)

AustraliaReal Estate and Construction
Teodor Lomaca
Teodor Lomaca
Daniel Fitzpatrick
Daniel Fitzpatrick
Angie Kim
Angie Kim
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Pafburn Pty Limited v The Owners – Strata Plan No 84674 [2024] HCA 49 (Pafburn)

In Pafburn, the High Court via a split 4:3 decision has handed down one of the most highly anticipated judgments of the year for the construction industry.

On appeal from the NSWCA – this decision set out whether a claim under the DPBA can be apportioned in accordance with the proportionate liability scheme in Pt 4 of the CLA.

The majority judgment

At a glance, the majority (Gageler CJ, and Gleeson, Jagot and Beech-Jones JJ) judgment provides guidance on the non-apportionability of a claim for breach of the DBPA11 duty of care based on:

  1. an analysis of what is vicarious liability, a non delegable duty and a tort, and the operation of the relevant sections of the DBPA pertaining to the statutory duty; and

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