Owners Corporation SP 74584 v Sezone [2013] NSWSC 999

Owners Corporation SP 74584 v Sezone [2013] NSWSC 999

The plaintiff was entitled to judgment because the uncontradicted evidence established that the defendant's building work was defective in the respects identified by Mr Beard and that Mr Madden properly quantified the cost of rectification, including appropriate on-costs, contingency and risk, at $855,479 as at 13 May 2013.

Jurisdiction
Australia
Judgment Date
24 July 2013
Procedural Posture
Claim for Damages for Breach of Statutory Warranties and Common Law Duties in Respect of Defective Building Work / Assessment of Damages After Deemed Defence Struck Out and Verdict for Plaintiff
Outcome
Judgment for plaintiff against defendant in the sum of $855,479.00
Legal Topics
['defective Building Work' 'assessment of Rectification Costs' 'default or Non Appearance' 'costs Follow the Event' 'interest on Costs']
['building and Construction' 'damages' 'civil Procedure'] ['defective Building Work' 'assessment of Rectification Costs' 'default or Non Appearance' 'costs Follow the Event' 'interest on Costs']

Case Brief

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Procedural Posture

Claim for Damages for Breach of Statutory Warranties and Common Law Duties in Respect of Defective Building Work / Assessment of Damages After Deemed Defence Struck Out and Verdict for Plaintiff

Legal Issues

  1. 1 ["Whether the building work carried out by the defendant was defective in the respects identified in the plaintiff's evidence" 'What amount should be awarded for the cost of rectifying the defective building work' 'Whether the plaintiff should have its costs and interest on costs']

Ratio Decidendi

The plaintiff was entitled to judgment because the uncontradicted evidence established that the defendant's building work was defective in the respects identified by Mr Beard and that Mr Madden properly quantified the cost of rectification, including appropriate on-costs, contingency and risk, at $855,479 as at 13 May 2013.

Court Disposition

Judgment for plaintiff against defendant in the sum of $855,479.00

Orders

  • ['Judgment for the plaintiff in the sum of $855,479.00.' 'The judgment is to take effect on 13 May 2013.' 'The plaintiff is to have its costs.' 'Interest on costs ordered.']