In Pafburn Pty Limited & Anor v The Owners – Strata Plan No 84674 [2024] HCA 49, the Owners Corporation of a residential strata building in North Sydney initiated legal action against Pafburn Pty Limited (“the head contractor”) and Madarina Pty Ltd (“the developer”). The Owners Corporation (“the applicant”) alleged that both parties breached the statutory duty of care under section 37 of the Design and Building Practitioners Act 2020 (NSW) (“DBPA”), resulting in construction defects.

The owners submitted the claim that Meldan failed to ensure  that the works were carried out with reasonable care and skill, not that the Meldan itself  had failed to carry out the work in such a manner, the VCAT determined that the claim was not apportionable…