Bruno Pisano -v- Georgia Dandris [2014] NSWSC 1070

Supreme Court New South Wales

Medium Neutral Citation: Bruno Pisano -v- Georgia Dandris [2014] NSWSC 1070 Hearing dates: 23, 24, 25, 26, 30 June & 1, 2, 3, 4 July 2014 Decision date: 08 August 2014 Jurisdiction: Equity Division - Technology and Construction List Before: Hammerschlag J Decision: Verdict for the plaintiffs against the first and second defendants Catchwords: BUILDING AND CONSTRUCTION - Home Building Act 1989 (NSW) ss 18B and 18E - defective work - claim for breach of statutory warranties by owner-builder - whether work performed in a proper and workmanlike manner - whether materials used in construction were suitable for the purpose for which they were used - whether dwelling reasonably fit for occupation as a dwelling - assessment of damages for breach of statutory warranties

TRADE PRACTICES - Competition and Consumer Act 2010 (Cth) - Australian Consumer Law s 18 - misleading or deceptive conduct - whether conduct consisting of the making of misrepresentations as to the qualities of a domestic residence sold to the plaintiffs was in trade or commerce - whether the conduct viewed in the light of disclaimers in advertising material, acknowledgments in the contract of sale and opportunities given to the purchasers to inspect the residence was misleading or deceptive or broke the chain of causation between the conduct complained of and the damages suffered

DAMAGES - quantification of damages for misleading and deceptive conduct consisting of misrepresentations inducing the plaintiffs to purchase a defective dwelling TORTS - negligence - pure economic loss - existence of duty of care - whether owner-builder's husband owed purchasers a duty of care to avoid causing pure economic loss by ensuring work not defectively done