Woolcock Street Investments Pty Ltd v CDG P/L & Johnson [2002] QCA 88
[2002] QCA 88
Court of Appeal (Qld)|2002-03-21|Before: McMurdo P, Thomas JA, Douglas JSeparate reasons for, judgment of each member of the Court, each concurring as to the orders, made.
McMurdo P, Thomas JA, Douglas JSeparate reasons for, judgment of each member of the Court, each concurring as to the orders
Catchwords
TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE
– DUTY OF CARE – WHERE ECONOMIC OR FINANCIAL LOSS
– CARELESS
ACTS OR OMISSIONS – where defective design of commercial premises caused
Source
Original judgment source is linked above.
Catchwords
TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE– DUTY OF CARE – WHERE ECONOMIC OR FINANCIAL LOSS– CARELESSACTS OR OMISSIONS – where defective design of commercial premises causedsubsequent structural defects –liability of defendant engineers tosubsequent purchaserTORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE– DUTY OF CARE – WHERE ECONOMIC OR FINANCIAL LOSS– principlesin Bryan v Maloney and Fangrove discussed - whether to extend dutyof care to subsequent purchasers of commercial premises – whether Perrev Apand supports such an extension of claim for pure economic loss –consideration of overseas authorities – where distinctionbetweencommercial purchasers and domestic home buyers properly maintainedUniform Civil Procedure Rules, r 482 (2)Builders Registrationand Home Owners Protection Act (Qld) 1979Queensland Building Services Authority Act (Qld) 1991Anns vMerton London Borough Council [1977] UKHL 4
[1978] AC 728, referred toBryan v
Maloney (1995) 182 CLR 609, consideredCanadian National Railway v
Norsk Pacific Steamship Co (1992) 1 SCR 1021, consideredCasa Clara
Condominium Ass’n v Charley Toppino & Sons (1993) 620 So 2d 1244
(Fla), considered Fangrove Pty Ltd v Tod Group Holdings Pty Ltd
[1998] QCA 404
[1999] 2 Qd R 236, followed Hill v Van Erp (1997) 188 CLR
159, referred toPerre v Apand Pty Ltd [1999] HCA 36
(1999) 198 CLR 180,
considered Sewell v Gregory (1998) 371 SE 2d 82, considered Sutherland
Shire Council v Heyman [1985] HCA 41
(1985) 157 CLR 424, referred toWoollahra
Municipal Council v Sved (1996) 40 NSWLR 101, referred toZumpano v
Montagnese [1997] 2 VR 525, referred to
Judgment (11 paragraphs)
[1]
TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE - WHERE ECONOMIC OR FINANCIAL LOSS - CARELESS ACTS OR OMISSIONS - where defective design of commercial premises caused subsequent structural defects - liability of defendant engineers to subsequent purchaser TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE - WHERE ECONOMIC OR FINANCIAL LOSS - principles in Bryan v Maloney and Fangrove discussed - whether to extend duty of care to subsequent purchasers of commercial premises - whether Perre v Apand supports such an extension of claim for pure economic loss - consideration of overseas authorities - where distinction between commercial purchasers and domestic home buyers properly maintained
[2]
Builders Registration and Home Owners Protection Act (Qld) 1979 Queensland Building Services Authority Act (Qld) 1991