Symond v Dovera Homes Pty Ltd [2025] NSWCATAP 19

Symond v Dovera Homes Pty Ltd [2025] NSWCATAP 19

The Tribunal at first instance erred in calculating damages as if the cost of completion covered all contract works; the evidence showed the cost of completion was only to lock-up stage. The appropriate assessment is damages for the cost to reach lock-up stage plus rectification, less the unpaid balance to that...

Source-derived case information.

Parties
Appellant: Daniel William Symond; Appellant: Petra Deanne Symond; Respondent: Dovera Homes Pty Ltd
Jurisdiction
Australia
Judgment Date
04 February 2025
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal allowed
Legal Topics
Damages Assessment, Appeal Procedure, Calculation of Damages
Building and Construction Consumer Law Damages Assessment Appeal Procedure Calculation of Damages

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Parties

Daniel William Symond

Appellant

Petra Deanne Symond

Appellant

Dovera Homes Pty Ltd

Respondent

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the method used to calculate damages at first instance was correct
  2. 2 Whether the amount of damages awarded was correct

Ratio Decidendi

The Tribunal at first instance erred in calculating damages as if the cost of completion covered all contract works; the evidence showed the cost of completion was only to lock-up stage. The appropriate assessment is damages for the cost to reach lock-up stage plus rectification, less the unpaid balance to that stage, plus expenses.

Court Disposition

Appeal allowed

Orders

  • Leave to appeal is granted.
  • The appeal is allowed.