Aussie Blinds and Canvas Products Pty Ltd v Smith

Aussie Blinds and Canvas Products Pty Ltd sought review of a decision of the Magistrates’ Court of Victoria, which found them liable for damages caused by high winds to a sail cloth fixed to a fascia. The respondents, Smith, claimed damages for the cost of repairing the fascia, the cost of replacing the sail cloth, and additional costs. The court was required to determine whether the respondents' claim was statute-barred and, if not, to apportion liability and assess damages. The appeal was allowed, but only to correct an error in the assessment of damages.

The court noted that the respondents' claim was statute-barred if construed as one in contract or tort, as the proceedings were brought more than six years after the sail cloth was erected. However, if the claim was construed as one for damages arising from building work under the Development Act, the limitation period was 10 years. The court considered the relevant authorities, including the Victorian case of Brirek Industries Pty Ltd v McKenzie Group Consulting Pty Ltd, and concluded that the respondents' claim was not statute-barred. The court also found that the applicants were liable for 50% of the damage caused by the sail cloth being fixed to the fascia. The court assessed the damages at $5,070, including the cost of repairing the fascia, replacing the sail cloth, and additional costs.

The court allowed the appeal and ordered the applicants to pay the respondents $5,070. The court noted that the cost of the pole was inadvertently included in the assessment of damages and reduced the cost of the new sail from $3,000 to $2,000. The court made no order as to costs, as each party was self-represented.