Atkinson and Anor v Van Uden

The applicants, Terrance Atkinson and Leonie Atkinson, filed an application against the respondent, Marinus Hendrikus van Uden, in relation to alleged negligent construction work on a property they purchased. The dispute was heard and determined by the NSW Civil and Administrative Tribunal (NCAT). The central legal issue before the Tribunal was whether the applicants could recover damages for the respondent's alleged negligent construction work, given that no enforceable contract existed between the parties. Additionally, the Tribunal had to determine the appropriate measure of damages for the alleged negligent construction work.

The Tribunal found that, despite the absence of an enforceable contract, the applicants could still recover damages for the respondent's negligent construction work. This finding was based on the principle that a party may recover damages for negligently inflicted loss, even in the absence of a contractual relationship. The Tribunal also held that the measure of damages should be assessed based on the cost of rectifying the alleged negligent construction work. Ultimately, the Tribunal awarded the applicants $22,439.00 in damages against the respondent, to be paid within 21 days of the decision.