High Court of Australia

Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2014] HCA 36

88 ALJR 911; 313 ALR 408

8 Oct 2014

Case Number: S66/2014


French CJ, Hayne, Crennan, Kiefel, Bell, Gageler, Keane JJ


Negligence – Duty of care – Pure economic loss – Strata-titled apartment complex constructed pursuant to contract between builder and developer – Apartments sold pursuant to standard form contract of sale – Contracts conferred rights to have defects remedied – Latent defects in common property – Owners corporation for strata scheme claimed damages from builder for pure economic loss – Whether builder owed owners corporation a duty of care – Relevance of inquiry into whether builder owed anterior duty of care to developer.

Words and phrases – "assumption of responsibility", "common property", "disconformity of obligations", "proximity", "pure economic loss", "reliance", "vulnerability".

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