Supreme Court - Trial Division

Actron Investments Queensland Pty Limited v D.D.S Project Management Pty Ltd & Ors [2016] QSC 306 (12/2188) Mullins J 22 December 2016

Full-text: QSC16-306.pdf


TORTS – NEGLIGENCE – STATUTES, REGULATIONS, ETC – APPLICABILITY AND EFFECT IN ACTIONS FOR NEGLIGENCE – GENERALLY – where plaintiff purchased a newly constructed industrial building where the floor was a slab on ground – where site contained marine clays that consolidated and caused the slab to settle – where defendant engineer designed the slab on ground and certified the slab complied with the Standard Building Regulation 1993 (Qld) – where plaintiff’s use of the building as a warehouse was affected by the uneven slab settlement – whether defendant owed plaintiff a duty of care in designing and certifying the slab

TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – WHERE ECONOMIC OR FINANCIAL LOSS – CARELESS ACTS OR OMISSIONS – where plaintiff suffered economic loss caused by replacing the floor of the industrial building – where plaintiff was the subsequent purchaser of building – whether plaintiff vulnerable in the sense described in Brookfield and Woolcock – whether a duty of care should be imposed on the defendant in designing the floor