NSW Caselaw
New South Wales Court of Appeal
Scott Carver Pty. Ltd. v. SAS Trustee Corporation (formerly State Authorities Superannuation Board) & Ors., Ace Ceramics Pty. Ltd. v. SAS Trustee Corporation (formerly State Authorities Superannuation Board), Rightway Roofing Pty. Ltd. v. SAS Trustee Corporation (formerly State Authorities Superannuation Board) & Ors. [2005] NSWCA 462 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 23, 24 and 25 November 2005
JUDGMENT DATE: 21 December 2005
JUDGMENT OF: Hodgson JA at 1; Ipp JA at 110; Bryson JA at 129
DECISION: 1. Appeal by Carver and cross-appeals by SAS and Nubra dismissed with costs. 2. Appeal by Ace allowed in part. ; 3. The Master's order that Ace pay 7.5% of SAS's costs of the proceedings set aside, and in lieu thereof no order as to the costs of the proceedings as between SAS and Ace. 4. No order as to the costs of Ace's appeal. 5. Appeal by Rightway dismissed with costs.
CATCHWORDS: BUILDING & CONSTRUCTION - CONTRACT - DAMAGES - Defective building work - Damages awarded on basis of reasonable cost of rectification - Finding of fact that value of property not affected by defects - Property sold - Whether right to damages affected - COSTS - Recovery in Supreme Court from one defendant of less than $75,000 - Finding that reasonable to include this defendant in proceedings involving other defendants - Whether Part 52A rule 33(2)(e) of Supreme Court Rules applied.
LEGISLATION CITED: Supreme Court Rules Part 52A rule 33
Scott Carver Pty. Limited - appellant Ace Ceramics Pty. Limited - appellant Rightway Roofing Pty. Limited - appellant SAS Trustee Corporation (formerly State Authorities Superannuation Board) - respondent PARTIES: Nubra Constructions Pty. Ltd. - respondent O'Brien Glass Industries Ltd - respondent O'Brien Glass Holdings Pty. Ltd. - respondent Spacetech Pty. Ltd. - respondent
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