Shoveller v Dak-Wal Constructions Pty Ltd (No 3)

Shoveller v Dak-Wal Constructions Pty Ltd (No 3) is a case involving the plaintiff, Shoveller, who suffered damage to his property due to an allegedly negligent act by Dak-Wal Constructions Pty Ltd, the builder. The plaintiff sought damages for the harm caused by a hazardous condition on the property after it was handed over by the builder. The case was heard in the Supreme Court of New South Wales.

The central legal issues in this case revolve around the duty of care owed by the builder to the invitees, including the plaintiff, following the completion and handover of the property. The court had to determine whether the builder owed a duty of care to prevent foreseeable harm to the invitees and whether the owners of the property, as well as the contractor, had any relative liability for the harm caused. This required an examination of the relevant statutory provisions and case law governing occupiers' liability and the standard of care expected from builders and occupiers.

The court examined the statutory provisions governing occupiers' liability and considered the relevant case law, including the High Court decision in Caltex Oil (Australia) Pty Ltd v The Dredge "Willemstad". The court found that the builder had a duty of care to ensure that the property was handed over in a safe condition. The court held that the builder was liable for failing to take reasonable steps to protect the invitees from foreseeable risks of harm arising from the building works. The court also considered the relative liability of the owners and the contractor, concluding that they were not directly liable for the harm caused by the builder's negligence. The court found in favour of the plaintiff, awarding damages for the harm caused.

The final orders of the court included the awarding of damages to the plaintiff for the harm caused by the builder's negligence. The court determined the amount of damages based on the evidence presented, taking into account the extent of the harm suffered by the plaintiff and the degree of fault on the part of the builder. The court also ordered the builder to pay the plaintiff's legal costs.