Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: 85 Princess Pty Ltd v Fleming [2025] NSWSC 407 Hearing dates: 10, 11, 12 February 2025 Date of orders: 30 April 2025 Decision date: 30 April 2025 Jurisdiction: Equity Before: Brereton J Decision: See [149]
Catchwords: CONTRACT – Breach of contract – whether warranties concerning building works were breached – where there was a breach of warranty – whether the purchaser is entitled to damages for breach of contract – whether purchaser is entitled to damages reflecting the cost of making the building conform to the contract – whether replacement of concrete slab is reasonable – where the warrantor discharged his evidentiary onus to show that replacement of concrete slab was not a reasonable course – where purchaser has not otherwise established loss – where purchaser is entitled to nominal damages – whether there should be an order for specific performance.
Legislation Cited: N.A.
Cases Cited: Bellgrove v Eldridge (1954) 90 CLR 613; [1954] HCA 36
Building Insurers’ Guarantee Corporation v The Owners – Strata Plan No. 57504 [2010] NSWCA 23
Carbone v Fowler Homes Pty Ltd [2024] NSWCA 192
Forrest v Australian Securities and Investments Commission (2012) 247 CLR 486; [2012] HCA 39
Fothergill v Rowland (1873) LR 18 Eq 132
J C Williamson Ltd v Lukey (1931) 45 CLR 282
Metricon Homes Pty Ltd as trustee for Metricon Homes Unit Trust v Lipari [2024] NSWSC 566
Owners SP 92450 v JKN Para 1 Pty Limited [2023] NSWCA 114
Purkess v Crittenden (1965) 114 CLR 164; [1965] HCA 34
Radford v De Froberville [1977] 1 WLR 1262
Renown Corporation Pty Ltd v SEMF Pty Ltd (2022) 110 NSWLR 246; [2022] NSWCA 233
Roberts v Goodwin Street Developments Pty Ltd (2023) 110 NSWLR 557; [2023] NSWCA 5
Robinson v Harman (1848) 1 Exch 850; 154 ER 363
Ruxley Electronics and Construction Ltd v Forsyth [1996] 1 AC 344
State on New South Wales v Stevens (2012) 82 NSWLR 106; [2012] NSWCA 415
Stone v Chappel (2017) 128 SASR 165; [2017] SASCFC 72
Tabcorp Holdings Ltd v Bowen Investments Pty Ltd (2009) 236 CLR 272; [2009] HCA 8
Walker Group Constructions Pty Ltd v Tzaneros Investments Pty Ltd (2017) 94 NSWLR 108; [2017] NSWCA 27
Texts Cited: Heydon, JD, Cross on Evidence (14th Aust ed, 2024, LexisNexis)
Heydon, JD, Leeming, MJ and Turner, PG, Meagher, Gummow and Lehane’s Equity: Doctrines and Remedies (LexisNexis Butterworths, 5th ed, 2015)
Category: Principal judgment Parties: 85 Princess Pty Ltd (Plaintiff)
Ian Alexander Fleming (Defendant)Representation: Counsel:
Solicitors:
J Mack (Plaintiff)
Dr A J Greinke (Defendant)
Litigation Specialists (Plaintiff)
MV Law (Defendant)
File Number(s): 2022/243968 Publication restriction: N.A.
JUDGMENT
Introduction
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These proceedings concern a dispute about a concrete slab in an industrial building located at 16 Spongolite Street in the Australian Capital Territory. A company called Fleming Investments (ACT) Pty Ltd was relevantly…
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- AGLC
- 85 Princess Pty Ltd v Fleming [2025] NSWSC 407
- Case
- [2025] NSWSC 407
- Decision Date
CaseChat Overview and Summary
The court was required to decide several legal issues, including whether there was a breach of warranty, whether the plaintiff was entitled to damages for breach of contract, and whether the damages should reflect the cost of making the building conform to the contract. The court also needed to determine whether the replacement of a concrete slab was a reasonable course of action and whether the defendant had discharged his evidentiary onus to show that it was not. Finally, the court had to consider whether the plaintiff was entitled to nominal damages and whether there should be an order for specific performance.
The court found that there was a breach of warranty, but the plaintiff was not entitled to damages reflecting the cost of making the building conform to the contract. The court held that the defendant had discharged his evidentiary onus to show that replacement of the concrete slab was not a reasonable course, and the plaintiff had not established any other loss. Therefore, the plaintiff was only entitled to nominal damages. The court also found that there should be no order for specific performance, as the plaintiff had not demonstrated any significant prejudice that could not be remedied by damages.
In summary, the court found in favour of the defendant on the issue of damages, but awarded nominal damages to the plaintiff. There was no order for specific performance. The case highlights the importance of establishing a causal link between a breach of contract and any alleged loss in order to recover damages.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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