Boardroom Q&A: Limiting Liability for Latent Defects? The Brookfield High-Court Appeal

Buying real estate off-the-plans is a hot topic for developers, builders and investors alike. Influential property developer, Nigel Satterley recently warned that the market for off-the-plans apartment deals was in danger of “overheating”. But others still think demand will continue to overtake supply for a long time to come.

On both sides of the debate, one thing is clear: investing off the plans is risky and the risks are little understood.

The Courts have been weighing in on the debate too: first, with last month’s WA Court of Appeal’s decision in Barker v Midstyle Nominees Pty Ltd and now, with the High Court set to hear the Brookfield Australia Investments Ltd appeal in mid-June.

Join Murray Thornhill, Director and Daniel Morris, Senior Associate to discuss what those risks are and what you can do to minimise them.