Huy Bui and Suzanne Bui v DB Homes Pty Ltd [2017] NSWCATCD 28

Huy Bui and Suzanne Bui v DB Homes Pty Ltd [2017] NSWCATCD 28

Applicants did not receive insulation conforming to contract, constituting breach by respondent. Replacement not reasonable due to economic waste. Applicants entitled to an award of damages assessed at $5,000.00. Claim for loss of rental income dismissed as too remote and not supported by contract or evidence.

Jurisdiction
Australia
Judgment Date
11 April 2017
Procedural Posture
Building Claim / Principal Judgment
Outcome
Applicants awarded damages for breach of contract relating to insulation. Claim for loss of rental income dismissed.
Legal Topics
['rectification of Defects' 'damages for Breach of Contract' 'misleading and Deceptive Conduct' 'assessment of Compensation']
['building and Construction Law' 'contract Law' 'consumer Law'] ['rectification of Defects' 'damages for Breach of Contract' 'misleading and Deceptive Conduct' 'assessment of Compensation']

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Procedural Posture

Building Claim / Principal Judgment

Legal Issues

  1. 1 ['Entitlement to compensation for installation of incorrect insulation' 'Entitlement to damages for loss of rental income due to delay' 'Reasonableness and feasibility of rectification works']

Ratio Decidendi

Applicants did not receive insulation conforming to contract, constituting breach by respondent. Replacement not reasonable due to economic waste. Applicants entitled to an award of damages assessed at $5,000.00. Claim for loss of rental income dismissed as too remote and not supported by contract or evidence.

Court Disposition

Applicants awarded damages for breach of contract relating to insulation. Claim for loss of rental income dismissed.

Orders

  • ['The Respondent DB Homes Pty Ltd is to pay the Applicants Huy Bui and Suzanne Bui the sum of $5,000.00 within 14 days of the date of these orders.']