Abrahams & Anor v Degan [2009] NSWDC 315

Abrahams & Anor v Degan [2009] NSWDC 315

The applicable limitation period for a claim under the Home Building Act 1989 runs from the date of the final council inspection, here 18 June 2001; as proceedings were commenced within 7 years of this date, the plaintiffs' claim is not out of time. There were several breaches of statutory warranties, and plaintiffs are entitled to damages measured by reasonable rectification costs, subject to adjustment for reasonableness.

Parties
Plaintiffs: Alfred Abrahams and Betty Abrahams; Defendant: Mehran Derakshan Degan
Jurisdiction
Australia
Judgment Date
05 June 2009
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiffs
Legal Topics
Statutory Warranties, Limitation Periods, Measure of Damages, Building Defects
Building and Construction Law Statutory Warranties Limitation Periods Measure of Damages Building Defects

Case Brief

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Parties

Alfred Abrahams and Betty Abrahams

Plaintiffs

Mehran Derakshan Degan

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether proceedings for breach of statutory warranties are barred by limitation period under Home Building Act 1989
  2. 2 Whether there were breaches of statutory building warranties
  3. 3 Whether the amount claimed is the appropriate measure of damages for breach of statutory warranties

Ratio Decidendi

The applicable limitation period for a claim under the Home Building Act 1989 runs from the date of the final council inspection, here 18 June 2001; as proceedings were commenced within 7 years of this date, the plaintiffs' claim is not out of time. There were several breaches of statutory warranties, and plaintiffs are entitled to damages measured by reasonable rectification costs, subject to adjustment for reasonableness.

Court Disposition

Judgment for the plaintiffs

Orders

  • Judgment for the plaintiffs in the sum of $66,414.08
  • Defendant to pay the plaintiffs' costs, subject to any special costs order or previous costs orders