In the case of Sedgwick Australia Pty Ltd v JLOC Super Pty Ltd [2024] QCA 218, the Supreme Court of Queensland dealt with a complex dispute involving trusteeship, contractual obligations, and the duty of care. Originally, the trustees of a superannuation trust fund held a damaged commercial property, insured and under repair by appointed professionals after storm damage. The legal contention arose when a new trustee assumed control and the property suffered additional storm damage, allegedly due to inadequate repair work by the builder. The new trustee sought recovery from the builder and loss adjuster for breach of the duty of care owed to both the former and current trustees. The primary judge initially dismissed an application to strike out parts of the claim based on inadequacies in the pleading and the construction of certain legal provisions. The appeal court allowed the appeal, directing key parts of the claim to be struck with the option to replead.
Full text: https://www.sclqld.org.au/caselaw/150417