Pafburn Pty Limited v The Owners - Strata Plan No 84674

HIGH COURT OF AUSTRALIAGAGELER CJ,GORDON, EDELMAN, STEWARD, GLEESON, JAGOT AND BEECH‑JONES JJPAFBURN PTY LIMITED & ANOR  APPELLANTSANDTHE OWNERS - STRATA PLAN NO 84674  RESPONDENTPafburn Pty Limited v The Owners - Strata Plan No 84674[2024] HCA 49Date of Hearing: 15 October 2024Date of Judgment: 11 December 2024S54/2024ORDERAppeal dismissed with costs.On appeal from the Supreme Court of New South WalesRepresentationN C Hutley SC with G A Sirtes SC and A Di Francesco for the appellants (instructed by M&A Lawyers)B W Walker SC with D S Weinberger for the respondent (instructed by Grace Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSPafburn Pty Limited v The Owners - Strata Plan No 84674Tort – Negligence – Concurrent wrongdoers – Proportionate liability – Where owners corporation claimed damages from developer and head building contractor for construction of building – Where claim for economic loss arising from breach of duty imposed on person carrying out construction work by s 37 of Design and Building Practitioners Act 2020 (NSW) ("DBPA") – Where duty to exercise reasonable care to avoid economic loss caused by defects in or related to building arising from construction work – Whether Pt 4 of Civil Liability Act 2002 (NSW) can limit liability for damages for breach of s 37 of DBPA.Words and phrases – "apportionable claim", "building work", "concurrent wrongdoers", "construction work", "direct liability", "duty of care", "non-delegable duty", "personal liability", "proportionate liability", "statutory duty", "vicarious liability".Civil Liability Act 2002...