Articles

NSW Supreme Court clarifies scope of statutory duty of care for construction industry

On 19 May 2022, the Supreme Court of NSW handed down the first substantive decision on the application of the statutory duty of care introduced by Part 4 of the Design and Building Practitioners Act 2020 (NSW) in June 2020. The effect of this judgment is that, arguably, the statutory duty of care extends to […]

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By : May 23, 2022 Comments Off on NSW Supreme Court clarifies scope of statutory duty of care for construction industry
Articles

First Supreme Court judgment on application of new duty of care in DBP Act

The Supreme Court’s recent decision to refuse leave for the plaintiff to amend its List Statement in an alleged building defects claim has reinforced the fact that the statutory duty of care created under the DBP Act is assessed by the usual principles of negligence and does not require a higher standard be met. W+K’s […]

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By : Dec 1, 2021 Comments Off on First Supreme Court judgment on application of new duty of care in DBP Act

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