NSW Caselaw
New South Wales Supreme Court
CITATION : Janet Campbell v C.J. Cordony & Sons Pty Limited [2009] NSWSC 63 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 2, 3, 4, 5, 6, 10, 11, 12, 13 February 2009
JUDGMENT DATE : 2 March 2009
JUDGMENT OF : Hammerschlag J
DECISION : Verdict for the plaintiffs against the first defendant. Plaintiffs' claim against the second defendant dismissed
CATCHWORDS : CONTRACTS – building, engineering and related contracts – plaintiffs had contracted with first defendant builder for it to renovate the plaintiffs' house – plaintiffs claim against first defendant for breach of contract on the basis that work was defective - DAMAGES – plaintiffs entitled to damages for particular breaches of contract being the amount required to bring the work into conformity with the building specifications - TRADE AND COMMERCE - Trade Practices Act 1974 (Cth) and related legislation – plaintiffs also claim that builder engaged in misleading and deceptive conduct by representing that it had home warranty insurance which it required under the Home Building Act 1989 (NSW) when it did not and that second defendant was a person knowingly involved in the contravention – plaintiffs establish misleading and deceptive conduct and knowing involvement by second defendant but fail to establish they suffered any loss by the conduct complained of
LEGISLATION CITED : Home Building Act 1989 (NSW) Trade Practices Act 1974 (Cth)
CATEGORY : Principal judgment
Vintix Pty Ltd v Lumley General Insurance Ltd (1992) 24 NSWLR 627 Bellgrove v Eldridge (1954) 90 CLR 613 Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8 Hadley v Baxendale (1854) 9 Exch 341 Fink v Fink (1946) 74 CLR 127 TCN Channel 9 Pty Ltd v Hayden Enterprises Pty Ltd (1989) 16 NSWLR 130 CASES CITED : Sargent v ASL Developments Ltd (1974) 131 CLR 634 Commonwealth v Verwayen (1990) 170 CLR 394 Placer (Granny Smith) Pty Ltd v Thiess Contractors Pty Ltd (2003) 77 ALJR 768 State of New South Wales v Moss (2000) 54 NSWLR 536 Troulis v Vamvoukakis [1998] NSWCA 237; BC9800395 JLW (Vic) Pty Ltd v Tsiloglou [1994] 1 VR 237 Gates v City Mutual Life Assurance Society Limited (1986) 160 CLR 1 Anema E Core Pty Ltd v Aromas Pty Ltd [1999] FCA 904
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