This proceeding concerned a group proceeding on behalf of owners, manufacturers and installers of roof insulation against the Commonwealth in respect of the Home Insulation Program (HIP) which commenced in 2009 before abruptly concluding in 2010 following a number of installer deaths. The plaintiffs, on behalf of the group members, alleged, among other things, that the Commonwealth, in designing, implementing, and administering the HIP, was negligent, engaged in misleading or deceptive conduct and made negligent misstatements causing economic loss. The proceedings ran over approximately 11 weeks before John Dixon J. On 31 May 2019, John Dixon J delivered judgment dismissing the plaintiffs’ claims. His Honour found that the Commonwealth did not owe a duty of care to the plaintiffs but held that, if a duty had been owed, the duty would have been breached. His Honour otherwise dismissed the plaintiffs’ claims in contract, for misleading and deceptive conduct and for negligent misstatement.
