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News & Advocacy
Commercial buyers beware - High Court's recent decision
in the Brookfield Multiplex case
Wednesday 4 February 2015
Paper and recording
Length: 1 hour 16 minutes
Recorded on 4 February 2015
Barry Jenner - Barry J Jenner Barrister
The presentation focusses on the recent High Court decision of Multiplex Ltd v Owners Corporation Strata Plan 61288  HCA 36.
This decision reviewed the High Court’s decisions in Bryan v Maloney (1995) 182 CLR 609 and Woolcock Street Investments Pty Ltd v CDG Pty Ltd (2004) 216 CLR 515.
The recent decision highlights the focus of the Courts in claims for pure economic loss where it is alleged there is a duty of care, that the existence of the duty must be considered in the context of the opportunity the parties had to protect their interests through contractual terms.
The presentation will also focus on Community Corporations and their rights and obligations in respect of common property in community titled developments in South Australia.
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