Turner, J.C. v Hudy Pty Ltd [1988] FCA 333

Turner, J.C. v Hudy Pty Ltd [1988] FCA 333

The builder materially breached its contract by unilaterally excavating the whole site contrary to the agreed plans and specifications. Ms Turner did not agree to the site excavation, and reference to site falls in the plan referred to natural, not excavated, ground. Home Builders Corporation engaged in misleading conduct by purporting to represent consumer interests while secretly receiving a commission, which was recoverable by Ms Turner as a loss caused by the misrepresentation.

Parties
Applicant / Cross Respondent: Jill Christine Turner; First Respondent / Cross Claimant: Hudu Pty Limited trading as Hendriks & Roberts; Second Respondent: Home Builders Corporation of NSW Pty Limited
Jurisdiction
Australia
Judgment Date
08 July 1988
Procedural Posture
Civil / Trial Judgment
Outcome
Judgment for the applicant with set-off; judgment for applicant against second respondent; costs orders apportioned between respondents.
Legal Topics
Misrepresentation, Breach of Contract, Damages, Secret Commission, Set Off, Building Contracts
Trade Practices Contract Law Agency Law Misrepresentation Breach of Contract Damages Secret Commission Set Off +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Jill Christine Turner

Applicant / Cross Respondent

Hudu Pty Limited trading as Hendriks & Roberts

First Respondent / Cross Claimant

Home Builders Corporation of NSW Pty Limited

Second Respondent

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Whether Hudu Pty Limited breached its contract with Ms Turner by excavating the site contrary to the plans.
  2. 2 Whether Home Builders Corporation of NSW Pty Limited engaged in misleading or deceptive conduct contrary to s.52 of the Trade Practices Act 1974 by misrepresenting its independence and receipt of commission.
  3. 3 Quantification of damages for breach of contract and for secret commission.

Ratio Decidendi

The builder materially breached its contract by unilaterally excavating the whole site contrary to the agreed plans and specifications. Ms Turner did not agree to the site excavation, and reference to site falls in the plan referred to natural, not excavated, ground. Home Builders Corporation engaged in misleading conduct by purporting to represent consumer interests while secretly receiving a commission, which was recoverable by Ms Turner as a loss caused by the misrepresentation.

Court Disposition

Judgment for the applicant with set-off; judgment for applicant against second respondent; costs orders apportioned between respondents.

Orders

  • Judgment for Jill Christine Turner against Hudu Pty Limited in principal proceeding in sum of $28,922.77.
  • Judgment for Hudu Pty Limited against Jill Christine Turner in cross-claim in sum of $21,123.03.