Stepanoski v Aslan (No 6) [2020] NSWSC 900

Stepanoski v Aslan (No 6) [2020] NSWSC 900

Because the Owners were permitted to reopen their case and adduce further evidence on quantum, Mr McMonigal's valuation evidence was unchallenged, the Builder did not make any further effective submission undermining the Owners' calculation, and damages had to put the Owners in the position they would have occupied had the Lump Sum Contract been performed, judgment should be entered for the Owners in the sum of $2,698,656.28 in lieu of the earlier interim judgment, with costs following the event except for costs attributable to the reopening application.

Jurisdiction
Australia
Judgment Date
16 July 2020
Procedural Posture
Damages Quantification in Building Contract Proceedings / Consequential Orders After Leave Granted to Reopen Case and Adduce Additional Evidence on Quantum of Damages
Outcome
Judgment entered for the Plaintiffs against the Defendant in the sum of $2,698,656.28 in lieu of the judgment entered on 11 December 2018; Defendant ordered to pay the Plaintiffs' costs except costs attributable to the Plaintiffs' application for leave to reopen.
Legal Topics
['building Contract' 'breach of Contract Damages' 'quantification of Damages' 'reopening of Case' 'expert Opinion Evidence' 'costs Follow the Event']
['contract Law' 'damages' 'evidence' 'civil Procedure' 'costs'] ['building Contract' 'breach of Contract Damages' 'quantification of Damages' 'reopening of Case' 'expert Opinion Evidence' 'costs Follow the Event']

Case Brief

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Procedural Posture

Damages Quantification in Building Contract Proceedings / Consequential Orders After Leave Granted to Reopen Case and Adduce Additional Evidence on Quantum of Damages

Legal Issues

  1. 1 ['Whether judgment should be entered for the Owners in the reformulated amount of $2,698,656.28 after additional evidence on damages was admitted.' "Whether Mr McMonigal's unchallenged valuation evidence should be accepted for the assessment of damages." "Whether the Builder should pay the Owners' costs of the proceedings, except costs attributable to the application for leave to reopen."]

Ratio Decidendi

Because the Owners were permitted to reopen their case and adduce further evidence on quantum, Mr McMonigal's valuation evidence was unchallenged, the Builder did not make any further effective submission undermining the Owners' calculation, and damages had to put the Owners in the position they would have occupied had the Lump Sum Contract been performed, judgment should be entered for the Owners in the sum of $2,698,656.28 in lieu of the earlier interim judgment, with costs following the event except for costs attributable to the reopening application.

Court Disposition

Judgment entered for the Plaintiffs against the Defendant in the sum of $2,698,656.28 in lieu of the judgment entered on 11 December 2018; Defendant ordered to pay the Plaintiffs' costs except costs attributable to the Plaintiffs' application for leave to reopen.

Orders

  • ['Direct the entry of judgment for the plaintiffs against the defendant in the sum of $2,698,656.28 in lieu of the judgment entered on 11 December 2018.' "Order the defendant to pay the plaintiffs' costs of the proceedings save for any costs attributable to the application by the plaintiffs for leave to re-open."]