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Team Involved
KELLY PARKER
KELLY PARKER
SUSAN THODEY
SUSAN THODEY

Body Corporate 160361 v BC 2004 Limited & Ors (Fleetwood Apartments) (No. 1) (HC)

This is an ongoing professional liability case brought by the owners of a leaky apartment building. The case is going to trial in 2015.  We act for the council. In 2014 the council attempted to settle with the owners, take over their case and run it against the other defendants. The court would not let the council do this.

This decision illustrates that councils will work towards resolving a claim with the owners of a defective building including being willing to reimburse them if the council makes a greater recovery than the amount it paid to settle the claim. The decision is notable because the court was the stumbling block to such an arrangement, rather than the council.


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