Kavanagh v Blissett [2001] NSWCA 79

New South Wales Court of Appeal

CITATION : Kavanagh v Blissett [2001] NSWCA 79 FILE NUMBER(S) : CA 40781/00 HEARING DATE(S) : 03/07/01 JUDGMENT DATE : 23 August 2001

Andrew Bruce Kavanagh & 1 Or PARTIES : v Matthew James Blissett & 1 Or JUDGMENT OF : Meagher JA at 1; Brownie AJA at 15; Ipp AJA at 31

LOWER COURT JURISDICTION : District Court LOWER COURT 5695/97 FILE NUMBER(S) : LOWER COURT Fisher DCJ JUDICIAL OFFICER :

COUNSEL : A: R Dubler R: V R Gray SOLICITORS : A: Hegarty & Elmgreen R: Werry & Associates CATCHWORDS : Contract - collatoral contract - Trade Practices Act s75B - where Builder in breach of building agreement - whether directors of builder also liable - assessment of damages under Trade Practices Act s82 - appeal dismissed. LEGISLATION CITED : Trade Practices Act 1974 CASES CITED: Shanklin Pier (1951) Limited & Dettol Products Limited (1917) 2 KB 854 Marks v GIO Australia Holdings Limited (1998) 196 CLR 494 DECISION : Appeal dismissed with costs.

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40781/00

MEAGHER JA BROWNIE AJA IPP AJA Thursday, 23 August 2001 ANDREW BRUCE KAVANAGH & 1 OR v MATTHEW JAMES BLISSETT & 1 OR

FACTS The respondents commenced proceedings in the District Court against Kayuu Pty Limited ("the Builder"), which had performed residential building work for them, claiming damages for breach of contract and misleading and deceptive conduct. The Builder cross-claimed for wrongful repudiation of the contract. The proceedings were referred to a Referee who found that the Builder was seriously in breach of the agreement between the parties and that the appellants, who were shareholders and executive directors of the Builder, were also liable. The Referee's report was adopted by the trial Judge.