BUILDING AND CONSTRUCTION – Finding relevant to apportionment between
concurrent wrongdoers set aside – Whether matter should be remitted to VCAT for
apportionment to be redetermined – Osland v Secretary, Department of Justice [No 2] (2010)
241 CLR 320 applied – Matter not remitted – Civil Procedure Act 2010, ss 7 and 8.

BUILDING AND CONSTRUCTION – Apportionment between concurrent wrongdoers –
Allocation of responsibility between building surveyor, architect, fire engineer and smoker
who started fire – Extent of respective departures from expected standards of care – Causal
potency of each wrongdoer’s acts and omissions – Liability reapportioned: fire engineer
42%, building surveyor 30%, architect 25% and smoker 3%.

Tanah Merah Vic Pty Ltd v Owners Corporation No 1 of PS613436T [No 2] [2021] VSCA 122 (12 May 2021)