Latent building defects: pure economic loss & limitation periods

Melisavon Pty Ltd v Springfield Land Development Corporation Pty Limited [2014] QCA 233

The appeal arose out of the refusal to grant summary judgment because of the alleged expiration of the limitation period. Separate judgments were given and the appeal dismissed on the ground that the factual contention as to when the respondent had actual knowledge (in the sense of being discoverable by reasonable diligence) of the cause of the economic loss (defective design) should be determined at trial, with Holmes JA dissenting.

The President usefully provided an extensive judgment as to the incremental development of the law in this area.

 

David Cormack – Brisbane Barrister & Mediator

Related Posts

Recent Comments

    Categories