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

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

Dandris, as owner-builder, was bound by statutory warranties under the Home Building Act 1989 (NSW), and the extensive defects established that the work was not proper and workmanlike, materials were not suitable, and the dwelling was not reasonably fit for occupation. Dandris and Williams also made false representations about the quality and construction of the house in trade or commerce because the renovation and sale formed part of an investment and interior design project, and the advertising of the sale was commercial conduct. The disclaimers, contractual acknowledgment, DS Report, inspection opportunities and solicitor involvement did not remove the misleading character of the...

Jurisdiction
Australia
Judgment Date
08 August 2014
Procedural Posture
Building and Construction Claim for Breach of Statutory Warranties, Misleading or Deceptive Conduct, and Negligence / Principal Judgment After Trial in the Equity Division Technology and Construction List
Outcome
Verdict for the plaintiffs against the first and second defendants.
Legal Topics
['home Building Act Statutory Warranties' 'defective Residential Building Work' 'owner Builder Liability' 'misleading or Deceptive Conduct' 'conduct in Trade or Commerce' 'pure Economic Loss' 'duty of Care' 'assessment of Rectification Damages' 'proportionate Liability']
['building and Construction' 'consumer Law' 'trade Practices' 'damages' 'torts' 'negligence'] ['home Building Act Statutory Warranties' 'defective Residential Building Work' 'owner Builder Liability' 'misleading or Deceptive Conduct' 'conduct in Trade or Commerce' 'pure Economic Loss' 'duty of Care' 'assessment of Rectification Damages' 'proportionate Liability']

Case Brief

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Procedural Posture

Building and Construction Claim for Breach of Statutory Warranties, Misleading or Deceptive Conduct, and Negligence / Principal Judgment After Trial in the Equity Division Technology and Construction List

Legal Issues

  1. 1 ['Whether residential building work performed by an owner-builder breached statutory warranties under ss 18B and 18C of the Home Building Act 1989 (NSW).' 'Whether representations about the quality, design and construction of the house were misleading or deceptive or likely to mislead or deceive under s 18 of the Australian Consumer Law.' 'Whether the representations were made in trade or commerce.' 'Whether disclaimers, contractual acknowledgments, the DS Report, inspection opportunities and legal representation prevented the conduct from being misleading or broke causation.' 'What measure of damages was appropriate for the defective dwelling and misleading conduct.' 'Whether Williams owed the purchasers a duty of care to avoid pure economic loss in relation to the renovations.']

Ratio Decidendi

Dandris, as owner-builder, was bound by statutory warranties under the Home Building Act 1989 (NSW), and the extensive defects established that the work was not proper and workmanlike, materials were not suitable, and the dwelling was not reasonably fit for occupation. Dandris and Williams also made false representations about the quality and construction of the house in trade or commerce because the renovation and sale formed part of an investment and interior design project, and the advertising of the sale was commercial conduct. The disclaimers, contractual acknowledgment, DS Report, inspection opportunities and solicitor involvement did not remove the misleading character of the...

Court Disposition

Verdict for the plaintiffs against the first and second defendants.

Orders

  • ['The plaintiffs are entitled to a verdict against both Dandris and Williams.' 'The amount was calculated as $1,064,659 plus GST of $106,465, totalling $1,171,124.' 'The matter was stood over to a date to be fixed for costs and short minutes.' 'The exhibits are to be returned.' 'At the commencement of the trial the...