Campagnolo v Bennett

The case of Campagnolo v Bennett involves a dispute between the parties regarding the performance of a building contract. The Applicant, Donna Campagnolo, brought an action against the Respondent, Jesse Seabrook Bennett, for breach of contract related to the renovation of her home. The Respondent, a licensed builder, was contracted to complete the renovation works under a written agreement. However, the works were left incomplete and defective, leading to the Applicant seeking damages for the breach of contract.

The central legal issue before the court was whether the Respondent was entitled to terminate the contract, and if so, whether the subsequent defective and incomplete work constituted a further basis for repudiation. Additionally, the court had to determine the reasonable costs of rectification and completion of the works, as well as whether the Applicant was entitled to solatium for the inconvenience and distress caused by the Respondent's actions.

The court found that the Applicant was indeed entitled to recover damages for breach of contract. The evidence presented showed that there was defective and incomplete work that required rectification or completion. Although the contractual relationship was governed by the written contract, the court acknowledged the unusual manner in which payments were formulated under the contract. The court also noted that the works were left abandoned to the weather for a significant period of time, leading to some of the defective work. The court assessed the damages at $220,000.00, based on expert evidence and the range of costs provided for rectifying and completing the works.

The Tribunal made interim orders that Jesse Seabrook Bennett pay Donna Campagnolo the sum of $220,000.00 in respect of her claim, dismissed Bennett’s counter-application, and stayed the order to pay until further argument in relation to costs and the form of final orders. The parties were invited to make submissions in relation to costs, with deadlines set for each party to file written submissions.