Appeal decision in Lacrosse – ramifications for construction professionals
Limelight 04/21
In Tanah Merah Vic Pty Ltd & Ors v Owners Corporation No 1 of PS613436T & Ors [2021] VSCA 72 , the Victorian Court of Appeal dismissed an appeal from the Victorian Civil and Administrative Tribunal (VCAT) by the building surveyor, the architect and the fire engineer (the consultants) except for one minor ground raised by the building surveyor which attributed liability to the consultants for the loss arising out of the Lacrosse building fire. In doing so, the Court of Appeal observed that VCAT’s reasons were of “exceptionally high quality”. Initial VCAT decision Many would be familiar with the initial VCAT decision, which held the builder solely liable to pay damages to the owners of the Lacrosse apartment tower. The owners sustained over $12 million in losses as a result of a fire that started from an incompletely extinguished cigarette and spread to external Aluminium Composite Cladding (ACP), which…
