Jones v Bartlett

Jones (the appellant) brought proceedings against Bartlett (the respondent) in the Supreme Court of New South Wales, alleging negligence. The appellant claimed that the respondent, a builder, had been negligent in the construction of a retaining wall at the appellant's property, leading to its collapse and subsequent damage. The Supreme Court found in favour of the respondent, and the appellant appealed to the High Court of Australia.

The High Court was required to determine whether the respondent owed a duty of care to the appellant in the construction of the retaining wall, and if so, whether that duty had been breached. The central legal issue revolved around the scope of a builder's duty of care to a subsequent owner of a property, particularly in circumstances where the defect in construction might not be immediately apparent. The court also considered the principles of foreseeability and causation in establishing negligence.

The High Court, by majority, held that a builder owes a duty of care to subsequent purchasers of a building to take reasonable care to avoid foreseeable risks of injury to persons or damage to property. The court reasoned that the builder, in undertaking the construction, should reasonably foresee that a defect in the retaining wall could lead to its collapse and cause damage to the property and potentially injury to its occupants. The principles of negligence, as established in cases such as *Donoghue v Stevenson*, were applied, with the court emphasising the proximity between the builder's actions and the potential harm. The court found that the respondent had breached this duty of care by failing to construct the retaining wall with reasonable skill and care, leading to its collapse.

The High Court allowed the appeal, setting aside the judgment of the Supreme Court and remitting the matter to the Supreme Court for determination of the quantum of damages.