Roluke Pty Ltd & Anor v Lamaro Consultants Pty Ltd & Anor [2008] NSWCA 323

New South Wales Court of Appeal

CITATION: Roluke Pty Ltd & Anor v Lamaro Consultants Pty Ltd & Anor [2008] NSWCA 323

HEARING DATE(S): 23 September 2008

JUDGMENT DATE: 27 November 2008

JUDGMENT OF: Basten JA at 1; Campbell JA at 2; Sackville AJA at 3

1. Appeal allowed in part. 2. The parties file agreed short minutes of order within 14 days giving effect to the judgment herein and dealing with the costs of the appeal and of the trial. DECISION: 3. In the absence of agreement, the appellants serve and file short minutes of order within 14 days (including orders relating to the costs of the appeal and the costs of the trial), together with a brief outline of submissions supporting the proposed orders. 4. If the appellants serve and file draft short minutes of order in accordance with Order 3, the respondents, within a further seven days, file and serve short minutes of order (including orders relating to the costs of the appeal and the costs of the trial), together with a brief outline of submissions supporting the proposed orders. 5. If the respondents wish to proceed with the summons for leave to appeal against the costs orders made by the primary Judge, the outline of submissions referred to in Order 4 should notify the Court of that intention.

CATCHWORDS: DAMAGES – negligent design of waterproof concrete slab by an engineer – measure of damages for breach of contract – whether terms of contract required a waterproof slab that would last for the life of the building or one that included a membrane requiring periodic repairs – whether primary Judge's findings of fact on life expectancy of membrane and repairs to slabs were correct – whether owners of building entitled to damages for diminution in value of building where repairs had been satisfactorily completed