Roluke Pty Ltd & Anor v Lamaro Consultants Pty Ltd & Anor [2008] NSWCA 323

Roluke Pty Ltd & Anor v Lamaro Consultants Pty Ltd & Anor [2008] NSWCA 323

The contract was for professional services requiring the exercise of skill and diligence in designing waterproof slabs per specifications (with membrane and topping slab). Damages should be assessed based on repair and replacement as per original method, not for indefinite slab life. The primary Judge erred only in finding the membrane's life expectancy as ten years; evidence supported a twenty-year life, and damages should be adjusted accordingly.

Parties
First Appellant: Roluke Pty Ltd; Second Appellant: Scotts Motors Artamon Pty Limited; First Respondent: Lamaro Consultants Pty Ltd; Second Respondent: Anthony Vincent Lamaro
Jurisdiction
Australia
Judgment Date
27 November 2008
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part
Legal Topics
Measure of Damages for Breach of Contract, Defective Design by Engineer, Duties and Skill of Structural Engineers, Assessment of Damages, Diminution in Value
Contract Law Tort Law Professional Negligence Measure of Damages for Breach of Contract Defective Design by Engineer Duties and Skill of Structural Engineers Assessment of Damages Diminution in Value

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Parties

Roluke Pty Ltd

First Appellant

Scotts Motors Artamon Pty Limited

Second Appellant

Lamaro Consultants Pty Ltd

First Respondent

Anthony Vincent Lamaro

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 What is the proper measure of damages for negligent design of waterproof concrete slab by an engineer?
  2. 2 Did the contract require a waterproof slab that would last for the life of the building without a membrane or allow for periodic repairs?
  3. 3 Were the primary Judge's findings of fact on life expectancy of membrane and repairs to slabs correct?

Ratio Decidendi

The contract was for professional services requiring the exercise of skill and diligence in designing waterproof slabs per specifications (with membrane and topping slab). Damages should be assessed based on repair and replacement as per original method, not for indefinite slab life. The primary Judge erred only in finding the membrane's life expectancy as ten years; evidence supported a twenty-year life, and damages should be adjusted accordingly.

Court Disposition

Appeal allowed in part

Orders

  • Appeal allowed in part.
  • The parties file agreed short minutes of order within 14 days giving effect to the judgment herein and dealing with the costs of the appeal and of the trial.