Jensen v Bartels [2016] NSWCATCD 27

Jensen v Bartels [2016] NSWCATCD 27

The applicants lawfully terminated the contract after the respondent's repudiation and failure to remedy breaches; applicants are entitled to damages for completion, rectification and repair costs, and to costs as the successful party.

Jurisdiction
Australia
Judgment Date
12 April 2016
Procedural Posture
Building Claim (residential Building Work) / Final Hearing and Decision
Outcome
Judgment for the applicants
Legal Topics
['termination of Contract' 'incomplete Work' 'defective Work' 'consequential Loss' 'costs']
['building and Construction' 'consumer Law'] ['termination of Contract' 'incomplete Work' 'defective Work' 'consequential Loss' 'costs']

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Procedural Posture

Building Claim (residential Building Work) / Final Hearing and Decision

Legal Issues

  1. 1 ['Did the applicants lawfully terminate their contract with the respondent?' 'Are the applicants entitled to the cost of completing the contracted works?' 'What is the reasonable cost of completion?' 'Have the applicants established that the respondent undertook defective work and, if so, what is the reasonable cost of rectifying the defective work?' 'Are the applicants entitled to damages for the cost of repairing damage to the existing building, and if so, what is the reasonable cost of repairing that damage?' 'Have the applicants established the basis for an order for costs?']

Ratio Decidendi

The applicants lawfully terminated the contract after the respondent's repudiation and failure to remedy breaches; applicants are entitled to damages for completion, rectification and repair costs, and to costs as the successful party.

Court Disposition

Judgment for the applicants

Orders

  • ['The respondent is to pay the applicant the sum of $39,996.06 immediately.' "The respondent is to pay the applicants' costs, on a party-party basis, as agreed or assessed."]