Liebe v Molloy

Case [1906] HCA 67


4 C.L.U.] OF AUSTRALIA.

347

under his notice, as he does the condition of his own premises,

c. o f a .

the position is altogether different. If the condition of this stop-

^ 9 ^

cock box were brought under the notice of the society, and they

Birch

V.

failed to repair it after that notice, I think that they would be

Thf.

liaVde.In that case there would be not a mere nonfeasance but a Australian-

Mutual

neglect of duty.But in this ca.se there was no evidence that the P rovide.nt

.Society.

condition of the box was brought under the notice of the society

and therefore there was no negligence. Nor does there seem to

O’C onnor J .

me to be any evidence which would justify the Court in dis­ turbing tlie finding of the jury, if we were asked to do so, that there was no neglect of duty on the part of the society in not informing theiiiselves of the condition of the fittings.

Under these circumstances I agree that the action is not

maintainable, and that the appeal must fail.

Appeal (Vmnim’d tvifh costs.

Solicitors, for the appellants. Levy tfc Fidton.

Solicitors, for the respondents, Stephen, Jaqae.s if- Stephen.

Solicitor, for the Board of Water Supply and Sewerage, inter­

vening, JI. S. Williams.

Foil Concrere

TrimisvMma

d . .

Constructions

(1999) 16 BCL

Foil Concrete Group Ltd \ D

288

Constructions VP

UBCL 168

COURT OF

A U STR A LIA .]

LIEBE .

A p p e l l a n t ;

Pl.AINTlFF,

MOLLOY .

R e s p o n d e n t .

1 ) e f e n d a n t .

H.

C. OF A.

1906.

ON a p p e a l f r o m t h e s u p r e m e c o u r t

o f

W E S T E R N

A U STR A LIA .

P e r t h ,

Oct. 26, 29.

Special case submitted by arbilratoi— Arbitration Act 1895 ( W .A.), (59 UiW. So . 13),

secs. 9 (5), 12—Power to draw inferences o f fa c t— Remitting incomplete award— Griffiths C.J.,

“ E.xtras ”—Employer, architect and contractor.

mjg?nsTj!

348 HIGH COUHT

[1906.

H.

C. OF A.It was stipulated iu a building contract that no extra works beyond those

1906.

included in the contrac t should be allowed or paid for w ithout an order in writ ing from tlie employer and architect ; the specification contained a similar

Liebe

provision.

The contractor executed a number of works ; some were upon

V.

writ ten orders signed by the architect , expres.sed to he a t the employer’s direc­ tion, bu t not signed by him. A dispute having arisen upon a claim made by the contractor for the price of the extras, the m atters in dispute were referred to arb itra tors , and, tliey…

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Liebe v Molloy [1906] HCA 67
Case
[1906] HCA 67
Decision Date

CaseChat Overview and Summary

In *Liebe v Molloy*, the Full Court of the Supreme Court of Western Australia considered an appeal concerning an architect's claim for fees against a building owner. The dispute arose from an agreement for architectural services, where the architect had provided plans and specifications for a building. The owner subsequently engaged a contractor to construct the building based on these plans. The core of the disagreement lay in whether the architect was entitled to the full amount of his agreed fee, or if certain deductions were permissible due to alleged deficiencies in the plans.

The central legal issue before the Court was whether the architect had fulfilled his contractual obligations to the owner. Specifically, the Court had to determine if the plans and specifications provided by the architect were sufficient and accurate for the purpose of constructing the building, and if any alleged defects in those plans constituted a breach of contract that would entitle the owner to withhold part of the architect's fees. The Court also considered the extent to which an architect's duty of care extended to ensuring the contractor's work was performed in accordance with the plans.

The Court reasoned that the architect's primary obligation was to provide competent and suitable plans and specifications. It was held that the architect was entitled to his full fee, as the evidence did not establish that the plans were fundamentally flawed or that the architect had breached his duty of care. The Court found that any issues that arose during construction were more attributable to the contractor's execution of the work rather than inherent defects in the architect's design. The principles applied centred on the contractual obligations of an architect and the standard of care expected in the provision of architectural services.

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