T and H Fatouros Pty Ltd v Randwick City Council

In the matter of T and H Fatouros Pty Ltd v Randwick City Council, the plaintiff sought damages for personal injury sustained as a result of a defective building. The defendant, Randwick City Council, had issued a cross-claim against the plaintiff, seeking to establish whether it owed a duty of care to the plaintiff and, if so, whether there was a breach of that duty that caused the plaintiff's injury. The case was heard in the Supreme Court of New South Wales.

The primary legal issues before the court were whether the Council owed a duty of care to the plaintiff, the scope and content of any such duty, whether the Council breached this duty, and whether the breach caused the plaintiff's injury. The court also considered the extent to which the Council's compliance with relevant Fire Safety Orders and Building Code of Australia provisions mitigated or contributed to any breach of duty.

The court found that the Council did owe a duty of care to the plaintiff, which encompassed the obligation to ensure that building works were carried out in accordance with relevant safety standards and compliance orders. The court determined that the Council had breached this duty by approving an inherently unsafe structure and failing to enforce the Fire Safety Order and Building Code of Australia. The court held that this breach directly caused the plaintiff's injuries. Consequently, the plaintiff was awarded damages. The Council's cross-claim was dismissed, and the plaintiff's claim was upheld.