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ARTICLE · 11 MAY 2025

Who carries the can when construction goes wrong? The High Court makes a ruling

Bartier Perry Solicitors
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The Owners - Strata Plan No 84674v Pafburn Pty Ltd [2023] NSWCA301.

AustraliaReal Estate and Construction
Nicholas Kallipolitis
Nicholas Kallipolitis
Breitil Sulaiman
Breitil Sulaiman
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In the March 2024 issue of CouncilConnect, Bartier Perry discussedthe Court of Appeal Judgment in The Owners - Strata Plan No 84674v Pafburn Pty Ltd [2023] NSWCA301 (the Appeal).

On 11 December 2024, the HighCourt of Australia handed down afinal judgment in the case. Wediscuss this further below.

Recap

The complainant, OwnersCorporation, had accused MadarinaPty Ltd (the Developer) and PafburnPty Ltd (the Builder) of breachingsection 37 of the Design andBuilding Practitioners Act 2020 (NSW) (DBP Act).

Section 37 of the DBP Act states that a person who "carries outconstruction work" has a duty toexercise reasonable care to avoideconomic loss caused by defects.

Construction work can include:

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