Oussama Ghani and Lila Moujaber v C & J Concrete Services Pty LimitedC & J Concrete Services Pty Limited [2010] NSWLC 11

Oussama Ghani and Lila Moujaber v C & J Concrete Services Pty LimitedC & J Concrete Services Pty Limited [2010] NSWLC 11

The defendant breached implied terms of the contract by failing to perform the concreting work in a workmanlike manner and by omitting to give adequate warnings to the plaintiffs about the consequences and risks of proceeding as they did. Damages are assessed based on the reasonable cost of rectification, less a deduction for extra work beyond simple rectification in the depth of the excavation.

Jurisdiction
Australia
Judgment Date
06 May 2010
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the plaintiffs and for the plaintiffs/cross-defendants on the cross-claim
Legal Topics
['implied Terms' 'workmanlike Quality' 'quantum of Damages' 'duty to Warn' 'defective Building Work' 'rectification Costs']
['contract Law' 'construction Law'] ['implied Terms' 'workmanlike Quality' 'quantum of Damages' 'duty to Warn' 'defective Building Work' 'rectification Costs']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 ['Whether the defendant performed concreting works in a workmanlike manner' 'Whether there was an implied duty to warn the plaintiffs of risks in proceeding' 'Whether the plaintiffs contributed to defects by inadequate preparation or supervision' 'Assessment and quantum of damages for defective work']

Ratio Decidendi

The defendant breached implied terms of the contract by failing to perform the concreting work in a workmanlike manner and by omitting to give adequate warnings to the plaintiffs about the consequences and risks of proceeding as they did. Damages are assessed based on the reasonable cost of rectification, less a deduction for extra work beyond simple rectification in the depth of the excavation.

Court Disposition

Judgment for the plaintiffs and for the plaintiffs/cross-defendants on the cross-claim

Orders

  • ['Judgment for the plaintiffs for $17,220.20' 'Judgment for the plaintiffs/cross-defendants on the cross-claim']