Sveto Pecipajkovski v JA Goodsell Structural Engineering Pty Ltd

In *Sveto Pecipajkovski v JA Goodsell Structural Engineering Pty Ltd*, the New South Wales Court of Appeal considered an appeal concerning the liability of a structural engineering firm for alleged negligence. The appellant, Mr. Pecipajkovski, had suffered injuries and sought to recover damages from the respondent, JA Goodsell Structural Engineering Pty Ltd, alleging that the firm's negligent design of a building contributed to his injuries.

The central legal issue before the Court of Appeal was whether the respondent owed a duty of care to the appellant, and if so, whether that duty had been breached. Specifically, the court had to determine if the design provided by the structural engineering firm was such that it created a foreseeable risk of harm to individuals who might occupy or interact with the building, and if the firm had taken reasonable steps to mitigate such risks.

The Court of Appeal ultimately found that the respondent did not owe a duty of care to the appellant in the circumstances of this case. The court reasoned that the scope of the duty of care owed by a structural engineer typically extends to those who rely on their design in the ordinary course of the building's use and occupation. In this instance, the appellant's injuries arose from a use of the building that was outside the contemplation of the engineer's design responsibilities. The court applied established principles of negligence, focusing on the foreseeability of the harm and the proximity between the parties.

The appeal was dismissed.