LeLievre v Dave King Building Services Pty Ltd [2020] NSWCATCD 11

LeLievre v Dave King Building Services Pty Ltd [2020] NSWCATCD 11

The Tribunal found the builder, Dave King Building Services Pty Ltd, breached the statutory warranty under s18B(1)(a) of the Home Building Act 1989 (NSW) by failing to carry out works with due care and skill as evidenced by uncontroverted expert testimony. Damages for rectification were awarded to the applicant, assessed in accordance with authorities requiring best estimation in the face of evidentiary uncertainty. No claim was made out against the second respondent, and that application was dismissed.

Jurisdiction
Australia
Judgment Date
31 January 2020
Procedural Posture
Building Claim / Consumer Complaint / Final Hearing and Determination
Outcome
Application against first respondent allowed in part; damages awarded. Application against second respondent dismissed. Directions made regarding costs procedure.
Legal Topics
['statutory Warranties' 'defective Building Work' 'damages Assessment' 'expert Evidence']
['home Building' 'consumer Law'] ['statutory Warranties' 'defective Building Work' 'damages Assessment' 'expert Evidence']

Case Brief

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Procedural Posture

Building Claim / Consumer Complaint / Final Hearing and Determination

Legal Issues

  1. 1 ['Whether the works performed by the builder were defective and failed to comply with statutory warranties under s18B(1) of the Home Building Act 1989 (NSW)' 'Whether the applicant is entitled to damages for rectification of defective work' 'Proper method for assessment of damages where evidence is imprecise']

Ratio Decidendi

The Tribunal found the builder, Dave King Building Services Pty Ltd, breached the statutory warranty under s18B(1)(a) of the Home Building Act 1989 (NSW) by failing to carry out works with due care and skill as evidenced by uncontroverted expert testimony. Damages for rectification were awarded to the applicant, assessed in accordance with authorities requiring best estimation in the face of evidentiary uncertainty. No claim was made out against the second respondent, and that application was dismissed.

Court Disposition

Application against first respondent allowed in part; damages awarded. Application against second respondent dismissed. Directions made regarding costs procedure.

Orders

  • ['Dave King Building Services Pty Ltd must pay Stuart Gregory LeLievre the sum of $86,104.62 immediately.' 'The application against David Warwick King is dismissed.' 'A party seeking costs must apply within 14 days with documents served on the other side; sequential 14 day periods are allowed for responses and...