The High Court of Australia has confirmed that the proportionate liability regime does not apply to the breach of statutory duty under section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBPA). The proportionate liability regime aims to limit the liability of a defendant to an amount that reflects the proportion of the loss or damage claimed. The court must consider this amount to be just, having regard to the extent of the defendant’s responsibility for the loss or damage. Read the article…………………………….
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