ACTEW Corporation Limited v Mihaljevic

The case of ACTEW Corporation Limited v Mihaljevic involved an application by the first defendant, John Ivan Mihaljevic, to strike out the plaintiff's statement of claim. The plaintiff, ACTEW Corporation Limited, sought damages for negligence and breach of statutory duty from Mihaljevic, a registered building certifier, for approving plans for a building extension that resulted in the obstruction of the plaintiff's sewerage main. Mihaljevic argued that the plaintiff's claim did not disclose a reasonable cause of action in either negligence or for breach of statutory duty. The court considered whether the statutory provisions in question, specifically sections 34 and 34A of the Building Act 1972, were intended to confer a private right of action, as well as the principles governing recovery for pure economic loss in tort.

The court held that the stringent test for striking out a pleading was not met, as there were respectable arguments available to the plaintiff regarding the conferral of a private right of action under the statutory provisions. The court also noted that while the law on recovery for pure economic loss in tort was still developing, it was not appropriate to deprive the plaintiff of its opportunity for the trial of its case by the Court. Therefore, the application to strike out the statement of claim was dismissed, and the costs of the application were reserved.