Benson v Legg

The dispute in Benson v Legg involved a claim by the plaintiff, Mark Andrew Benson, against the defendant, Robert Johnathan Legg, a builder who had constructed a deck on the plaintiff’s property. The plaintiff alleged that the deck was defective and unfit for purpose, resulting in personal injuries when it collapsed. The case was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether Legg was liable for negligence in the construction of the deck, which led to the plaintiff's injuries. A secondary issue was whether the plaintiff’s claim for damages constituted a provable debt against Legg, who had since been declared bankrupt. The court needed to determine if the action could proceed against the bankrupt builder.

In addressing the first issue, the court found that Legg had indeed been negligent in the construction of the deck, which was defective and caused the plaintiff’s injuries. The court examined evidence regarding the standard of care expected in deck construction and found that Legg had fallen short of this standard. For the second issue, the court concluded that the claim for damages was a provable debt in Legg’s bankruptcy proceedings. The court held that the claim was not barred by the stay of proceedings against the bankrupt and could proceed against the trustee in bankruptcy.

The court ordered Robert Johnathan Legg to pay Mark Andrew Benson $7,765.92 in damages, and $330 in costs, by 19 August 2020. The court also noted that this amount would be considered in the distribution of Legg’s assets to creditors.