The Avenues Tavern (Townsville) v K P Architects

In The Avenues Tavern (Townsville) v K P Architects, the plaintiff, the owner of a tavern, claimed against the defendant architect approximately $1.8 million in damages due to delays in the tavern's construction caused by the original design placing the building on power and sewerage easements. The defendant argued that the delay and loss were partly attributable to the acts and omissions of the local council and a town planner involved in the planning process. The Supreme Court was required to determine whether the plaintiff's claim for economic loss due to construction delays was an action arising from a breach of a duty of care and whether the defendant's liability was apportionable under part 2 of chapter 2 of the Civil Liability Act 2003 (Qld).

The court considered the nature of the plaintiff's claim and whether it was an action for economic loss arising from a breach of a duty of care. It also examined the defendant's argument that the claim was apportionable under the Civil Liability Act. The court noted that the plaintiff did not oppose the defendant's application for a declaration that the claim was apportionable. The court found that the plaintiff's claim was indeed an action for economic loss arising from a breach of a duty of care and that the claim was apportionable under the Civil Liability Act. This finding would assist the defendant in deciding whether to join other parties as third parties in the proceeding.

The court ordered that the plaintiff's claim against the defendant was an apportionable claim for the purpose of part 2 of chapter 2 of the Civil Liability Act 2003 (Qld). It also ruled that each party was to bear their own costs for the application. This decision clarified the nature of the plaintiff's claim and its apportionment, providing a basis for the defendant to consider further actions in the proceeding.