The Victorian Court of Appeal has held that the 10 year limitation for commencing a building action in s. 134 of the Building Act 1993 (“Building Act”) is not confined to negligence claims, but also applies to actions founded in contract. The Court of Appeal also held that, on the facts of the case, no duty of care was owed by the building surveyor to the owner to prevent the type of loss suffered by the owner.
Tagged: Limitation periods
The UK Supreme Court has held that a 6-year limitation period applies to knowing receipt and knowing assistance claims. Will Australian courts apply the equivalent limitation provisions in the same way?