Franck Bauchet and Margaret Bauchet v Mirage Pools Pty Ltd [2001] NSWSC 201

Franck Bauchet and Margaret Bauchet v Mirage Pools Pty Ltd [2001] NSWSC 201

Mirage Pools Pty Ltd was contractually and statutorily obliged to carry out the works in a good, substantial and workmanlike manner, which included sealing the pavers and providing proper drainage for the retaining wall. The Court held that these obligations arise from the main contract and statutory warranties under the Home Building Act 1989 and are not excluded by the presence of a warranty clause or procedural requirements for variations. Failure to seal the pavers and properly drain the retaining wall constituted breaches entitling the plaintiffs to damages, which are to be assessed by the Local Court. Damages for repairs to the pool pump and leak are also allowable despite absence...

Parties
Plaintiff: Franck Bauchet; Plaintiff: Margaret Bauchet; Defendant: Mirage Pools Pty Ltd
Jurisdiction
Australia
Judgment Date
02 April 2001
Procedural Posture
Appeal / Post Judgment Appeal From Local Court to Supreme Court
Outcome
Appeal allowed; matter remitted for damages assessment
Legal Topics
Implied Warranties, Workmanlike Manner, Damages for Breach of Contract, Parole Evidence Rule
Contracts Building and Construction Law Statutory Warranties Implied Warranties Workmanlike Manner Damages for Breach of Contract Parole Evidence Rule

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Parties

Franck Bauchet

Plaintiff

Margaret Bauchet

Plaintiff

Mirage Pools Pty Ltd

Defendant

Procedural Posture

Appeal / Post Judgment Appeal From Local Court to Supreme Court

Legal Issues

  1. 1 Whether Mirage Pools Pty Ltd breached the contractual and statutory obligation to carry out work in a good, substantial and workmanlike manner by failing to seal pavers and provide drainage
  2. 2 Whether the presence of warranty procedures limitations precluded the plaintiffs from claiming damages for breach of contract under statutory warranties
  3. 3 Whether the plaintiffs are entitled to damages for repairs to the leaking pool and pool pump

Ratio Decidendi

Mirage Pools Pty Ltd was contractually and statutorily obliged to carry out the works in a good, substantial and workmanlike manner, which included sealing the pavers and providing proper drainage for the retaining wall. The Court held that these obligations arise from the main contract and statutory warranties under the Home Building Act 1989 and are not excluded by the presence of a warranty clause or procedural requirements for variations. Failure to seal the pavers and properly drain the retaining wall constituted breaches entitling the plaintiffs to damages, which are to be assessed by the Local Court. Damages for repairs to the pool pump and leak are also allowable despite absence...

Court Disposition

Appeal allowed; matter remitted for damages assessment

Orders

  • The final judgment of Cluston LCM in favour of Mirage is set aside.
  • The cross-claim is remitted to His Worship for assessment of damages, in lieu of the one hundred dollars previously assessed.