Drexel London (a firm) v Gove (Blackman)

The plaintiff, Drexel London, sought damages from the defendants, Gove (Blackman), a structural engineer, and the local council, among others, due to the collapse of a balcony that resulted in personal injuries. The case was heard in the Supreme Court of Western Australia. The central issue was whether the engineer, the architect, and the strata company were liable for the collapse due to their roles in the design, construction, and maintenance of the balcony, and whether the local council had a duty to inspect and certify the building.

The court examined whether the engineer assumed responsibility for the structural design of the balcony and if the architect shared that responsibility. It considered if the engineer's failure to identify deficiencies in the design and the architect's failure to observe the substitution of Oregon for Jarrah constituted negligence. The court also assessed whether the substitution of Oregon for Jarrah and the failure to eliminate or materially reduce the risk of moisture traps were reasonably foreseeable causes of the collapse. Furthermore, the court considered the statutory duty of the strata company under the Strata Titles Act 1985(WA) and the council's statutory and common law duties.

The court held that the engineer was liable for negligence due to the failure to identify critical structural deficiencies in the design of the balcony. The architect was also found liable for sharing responsibility in the structural design and failing to observe the substitution of Oregon for Jarrah. The strata company was found to have breached its statutory duty to maintain the common property in good and serviceable repair. The local council was found to have breached its statutory duty to inspect the building and certify its consistency with building plans and specifications. The court found that the council owed a common law duty of care to the visitors of the building, and its failure to identify the substitution of Oregon for Jarrah contributed to the collapse.

The court apportioned damages among the defendants based on their respective contributions to the collapse. The court also considered costs under Sanderson and Bullock orders, awarding costs to the plaintiff against the engineer, the architect, and the strata company. The council was ordered to pay costs to the plaintiff.