Shepherd & Ors as Trustees of the Bell Shepherd Family Trust v Lay [pdf, 288 KB]
...position. In this respect the law can be stated as follows: 1. The builder of a house owes a duty of care in tort to future owners. 2. For present purposes that duty is to take reasonable care to build the house in accordance with the building permit and the relevant building code and bylaws. 3. The position is no different when the builder is also the owner. An owner/builder owes a like duty of care in tort to future owners. 17.5 Mr Casey submits that Mr Lay was an em...