Mirage Pools P/L v Colvin & Anor [2003] NSWSC 385

Mirage Pools P/L v Colvin & Anor [2003] NSWSC 385

The Magistrate's findings concerned questions of fact, not law; there was evidence supporting the findings as to what rectification work and costs were reasonable and necessary to remedy the breach in the building contract; no error of law was established; thus, the appeal must be dismissed.

Jurisdiction
Australia
Judgment Date
09 May 2003
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From Local Court
Outcome
Appeal dismissed; judgment below affirmed; costs to defendants.
Legal Topics
['building Contracts' 'appeal–error of Law' 'damages–rectification Costs' 'natural Justice']
['contract Law'] ['building Contracts' 'appeal–error of Law' 'damages–rectification Costs' 'natural Justice']

Case Brief

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Procedural Posture

Appeal / Supreme Court Judgment on Appeal From Local Court

Legal Issues

  1. 1 ["Whether the Magistrate erred at law in finding the defendants entitled to rectification work for breach of contract to 'make the place look nice and to their liking'" 'Whether the Magistrate erred at law in finding entitlement to rectification costs exceeding what was necessary to make the pool adequate' 'Whether there was evidence to support the rectification costs awarded' 'Whether the Magistrate erred at law in awarding compensation for specific incidental items' 'Whether the plaintiff was denied natural justice in assessment of evidence']

Ratio Decidendi

The Magistrate's findings concerned questions of fact, not law; there was evidence supporting the findings as to what rectification work and costs were reasonable and necessary to remedy the breach in the building contract; no error of law was established; thus, the appeal must be dismissed.

Court Disposition

Appeal dismissed; judgment below affirmed; costs to defendants.

Orders

  • ['The appeal is dismissed.' 'The judgment of Walquist LCM dated 23 August 2002 is affirmed.' 'The summons is dismissed.' "The plaintiff is to pay the defendants' costs as agreed or assessed."]