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Cases Citing This Decision
1
Statutory Material Cited
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Tanah Merah Vic Pty Ltd v Owners' Corporation No 1 of PS631436T
[2021] VSCA 72
Citation 1
…d v Owners' Corporation No 1 of PS631436T [2021] VSCA 72 ( “Tanah Merah”) , the Court of Appeal upheld the Tribunal’s decision and found that the builder was not negligent under the Wrongs Act 1958 (Vic), as was argued by the builder and building surveyor, architect and fire engineer. This was notwithstanding tha…
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Northern Health v Kuipers
[2015] VSCA 172
Citation 2
…rejudice to the apartment owner plaintiffs by further delay - Section 8 and 9(1) Civil Procedure Act 2010 (Vic) - Northern Health v Kuipers [2015] VSCA 172 applied.…
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Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288
[2014] HCA 36
Citation 3
…cision of the High Court in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 (2014) 254 CLR 185 (" Brookfield ") provided an answer to Shangri-La's assertion that the plaintiffs’ claim was apportionable. 27In Brookfield , the common property of a complex of serviced apartments was vested in the Owners…
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Moorabool Shire Council v Taitapanui
[2006] VSCA 30
Citation 4
…elied on the Court of Appeal decision in Moorabool Shire Council v Taitapanui (2006) 14 VR 55 (“Moorabool”) where a duty of care owed by a building surveyor to the subsequent owners of the property was recognised. The Court of Appeal considered that the duty arose as the work of building surveyors involved the per…
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Woolcock Street Investments Pty Ltd v CDG Pty Ltd
[2004] HCA 16
Citation 5
…e High Court followed the decision in Woolcock Street Investments Pty Ltd v CDG Pty Ltd (2004) 205 ALR 522 (“Woolcock”) and also considered the decision in Bryan v Maloney (1995) 182 CLR 609 (“Bryan”) and confirmed that no duty of care will be owed unless the subsequent owner falls within a class of persons incapable…
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Bryan v Maloney
[1995] HCA 17
Citation 6
…(2004) 205 ALR 522 (“Woolcock”) and also considered the decision in Bryan v Maloney (1995) 182 CLR 609 (“Bryan”) and confirmed that no duty of care will be owed unless the subsequent owner falls within a class of persons incapable of protecting themselves from the consequences of a builder’s want of reasonable care.…
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Thurin v Krongold Constructions (Aust) Pty Ltd
[2022] VSCA 226
Citation 7
…28 November 2022; (d) on 20 October 2022 (the day following the decision of the Court of Appeal in Thurin v Krongold Constructions (Aust) Pty Ltd [2022] VSCA 226 (“ Thurin ”)), Shangri-La objected to the jurisdiction of VCAT to determine the two VCAT proceedings. Shangri-La’s objections were rejected by the Tribun…
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The Uniting Church in Australia Property Trust (Vic) v Ian Hartley Architects Pty Ltd
[2022] VSC 233
Citation 8
…cts Pty Ltd & Ors [2022] VSC 233 Shangri-La accepted that its claim should be struck out insofar as it alleges the existence of a duty of care owed by the fire engineering parties to the Owners”. However, Mr Hender submitted that, this did “not mean that its proportionate liability defence(s) and/or contribution…