The Owners - Strata Plan No. 80436 v Sezone Pty Ltd and Daphne Street No 1 Pty Limited [2014] NSWSC 264

The Owners - Strata Plan No. 80436 v Sezone Pty Ltd and Daphne Street No 1 Pty Limited [2014] NSWSC 264

The plaintiff's unchallenged expert evidence established extensive defects and quantified the cost of rectification at $5,044,013.13; the first defendant had notice of the hearing and evidence but filed no response, filed no evidence and did not appear. The Court was satisfied that damages were made out and appropriately quantified, that judgment should take effect from 1 January 2014 because the quantification was tied to December 2013 costs and delay could escalate prices, that ordinary costs should follow the event, that no sufficient basis existed for indemnity costs, and that interest on costs was appropriate.

Jurisdiction
Australia
Judgment Date
17 March 2014
Procedural Posture
Claim for Damages for Defective Building Work, Breach of Statutory Warranties and Common Law Duties / Assessment of Damages After Judgment for the Plaintiff on Liability
Outcome
Judgment for the plaintiff against the first defendant for $5,044,013.13, taking effect from 1 January 2014; the first defendant to pay the plaintiff's costs with interest on those costs.
Legal Topics
['defective Building Work' 'statutory Warranties' 'assessment of Damages' 'expert Evidence' 'indemnity Costs' 'interest on Costs' 'judgment Taking Effect From an Earlier Date']
['building and Construction' 'damages' 'civil Procedure' 'costs'] ['defective Building Work' 'statutory Warranties' 'assessment of Damages' 'expert Evidence' 'indemnity Costs' 'interest on Costs' 'judgment Taking Effect From an Earlier Date']

Case Brief

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Procedural Posture

Claim for Damages for Defective Building Work, Breach of Statutory Warranties and Common Law Duties / Assessment of Damages After Judgment for the Plaintiff on Liability

Legal Issues

  1. 1 ["Whether the plaintiff's damages for defective building work were made out and appropriately quantified against the first defendant." 'Whether judgment should take effect from 1 January 2014 under UCPR r 36.4(3).' 'Whether the plaintiff should receive costs on the indemnity basis or interest on costs.']

Ratio Decidendi

The plaintiff's unchallenged expert evidence established extensive defects and quantified the cost of rectification at $5,044,013.13; the first defendant had notice of the hearing and evidence but filed no response, filed no evidence and did not appear. The Court was satisfied that damages were made out and appropriately quantified, that judgment should take effect from 1 January 2014 because the quantification was tied to December 2013 costs and delay could escalate prices, that ordinary costs should follow the event, that no sufficient basis existed for indemnity costs, and that interest on costs was appropriate.

Court Disposition

Judgment for the plaintiff against the first defendant for $5,044,013.13, taking effect from 1 January 2014; the first defendant to pay the plaintiff's costs with interest on those costs.

Orders

  • ['Judgment be entered for the plaintiff in the sum of $5,044,013.13 as against the first defendant, to take effect from 1 January 2014.' "The first defendant is to pay the plaintiff's costs." 'Interest is to be paid on those costs.']