Gallagher v Start Construction Pty Limited [2017] NSWDC 440

District Court New South Wales

Medium Neutral Citation: Gallagher v Start Construction Pty Limited [2017] NSWDC 440 Hearing dates: 28 August; 4 and 5 October 2017 Date of orders: 10 October 2017 Decision date: 10 October 2017 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the plaintiff in the sum of $174,556.69. (2) Defendant to pay the plaintiff's costs. Catchwords: ASSESSMENT – building contract – defects – omissions – assessment of damages – only one co-owner a party – no electrical plan – builder's expertise – costs of individual defects not specified Legislation Cited: Home Building Act 1989, s 18B, s 18D Uniform Civil Procedure Rules 2005, r 7.8, r 12.7, r 16.2, r 16.3, r 16.7 Cases Cited: Deputy Commissioner of Taxation v Zammitt [2014] NSWCA 104 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Category: Principal judgment Parties: Nerida Gallagher (plaintiff) Start Construction Pty Limited (defendant) Representation: Counsel: Mr S S Ahmed (plaintiff)

Solicitors: Mills Oakley Lawyers (plaintiff) File Number(s): 2015/363046 Publication restriction: None

Judgment

A. INTRODUCTION 1. Chris and Nerida Gallagher, then of Florida, USA, entered into a building contract dated 21 March 2013 with Start Construction Pty Limited ("Start") for the construction of a large home in northern New South Wales. The home was substantially completead in late 2014. Mr and Mrs Gallagher separated and Mrs Gallagher returned to Australia and commenced proceedings against Start for damages for incomplete and defective work.