Warburton v County Construction (NSW) Pty Ltd [2022] NSWSC 1281

Warburton v County Construction (NSW) Pty Ltd [2022] NSWSC 1281

The Court must do its best to quantify damages for rectification even where expert evidence offers disputed scopes; evidence submitted by the applicant was sufficiently precise and reliable; the monetary sums awarded reflect loss substantiated by expert evidence and reasonable discounting for uncertainty.

Jurisdiction
Australia
Judgment Date
21 September 2022
Procedural Posture
Principal Judgment / Judgment After Written Submissions on Damages Quantification
Outcome
Judgment for the plaintiffs in the amount of $224,727.34 for contracted and statutory warranty breaches relating to defective works.
Legal Topics
['rectification of Defects' 'quantification of Damages' 'statutory Warranties' 'scope of Expert Evidence']
['building and Construction' 'contract' 'damages'] ['rectification of Defects' 'quantification of Damages' 'statutory Warranties' 'scope of Expert Evidence']

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Procedural Posture

Principal Judgment / Judgment After Written Submissions on Damages Quantification

Legal Issues

  1. 1 ['Quantification of damages for rectification of construction defects where expert evidence disagrees' 'Whether invoice evidence and expert estimation sufficiently establish loss' 'Scope of rectification for stormwater drainage defect and proper quantification']

Ratio Decidendi

The Court must do its best to quantify damages for rectification even where expert evidence offers disputed scopes; evidence submitted by the applicant was sufficiently precise and reliable; the monetary sums awarded reflect loss substantiated by expert evidence and reasonable discounting for uncertainty.

Court Disposition

Judgment for the plaintiffs in the amount of $224,727.34 for contracted and statutory warranty breaches relating to defective works.

Orders

  • ['Judgment in favour of Mr and Mrs Warburton in the amount of $224,727.34 for principal judgment, Items H3 and G34 as previously agreed, and Items H2 and H13 as quantified.' "County to pay Mr and Mrs Warburton's costs of the quantification application in respect of Item H2 on an ordinary basis and in respect of Item...