Vagg v Routledge [2020] NSWSC 88

Supreme Court New South Wales

Medium Neutral Citation: Vagg v Routledge [2020] NSWSC 88 Hearing dates: 4, 6, 10 and 11 February 2020 Decision date: 20 February 2020 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: (1) Judgment for the plaintiffs against the first and second defendants in the sum of $1,469,009.81;

(2) The first and second defendants' cross-claim against the plaintiffs is dismissed; and

(3) The first and second defendants pay the plaintiffs' costs of the proceedings except for those costs solely attributable to the claims against the third and fourth defendants. Catchwords: BUILDING AND CONSTRUCTION – Breach of statutory warranties in the Home Building Act 1989 (NSW), s 18B –Whether 2014 amendments to s 18E Home Building Act 1989 (NSW) retroactive – Expert evidence not compliant with Uniform civil Procedure Rules 2005 (NSW) – Where plaintiffs delayed in repairing defects – Availability of damages for Solatium Legislation Cited: Civil Liability Act 2002 (NSW) Home Building Act 1989 (NSW) Home Building Amendment Act 2011 (NSW) Home Building Amendment Act 2014 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Insight Vacations Pty Ltd v Young [2010] NSWCA 137 Vella v Mir [2019] NSWCATAP 28 Vella v Mir (No 2) [2019] NSWCATAP 240 Texts Cited: Building Code of Australia Category: Principal judgment Parties: Robert Vagg (First Plaintiff) Frances Vagg (Second Plaintiff) Robert Routledge (First Defendant) Wendy Routledge (Second Defendant) TT Architecture (ACT) Pty Limited (Third Defendant) D&C Ferguson Building Inspection Services Pty Limited (Fourth Defendant) Representation: Counsel: M Galvin (Plaintiffs) D Weinberger with M Varley (Third Defendant) CP O'Neill (Fourth Defendant)