Casey v Retford

Case [2025] NSWDC 1


District Court


New South Wales

Medium Neutral Citation: Casey v Retford [2025] NSWDC 1
Hearing dates: 26 – 27 June 2024, 9 August 2024
Date of orders: 04 February 2025
Decision date: 04 February 2025
Jurisdiction:Civil
Before: Cole DCJ
Decision:

(1)   Judgment for the plaintiffs in the sum of $117,566.20.

(2)   Judgment for the defendant on the cross-claim in the sum of $814.

Catchwords:

BUILDING AND CONSTRUCTION — Contract — Damages — Defects – Incomplete work - Restitution

Legislation Cited:

District Court Act 1973

Home Building Act 1989

Home Building Regulation 2014

Cases Cited:

ANZ Banking Group Limited v Westpac Banking Corporation (1988) 164 CLR 662

Armstrong Strategic Management and Marketing Pty Ltd v Expense Reduction Analysts Group Pty Ltd (No 9) [2016] NSWSC 1005

Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2019] NSWCA 185

Mann v Paterson Constructions Pty Ltd [2019] HCA 32

Matthew Lumbers and Anor v W Cook Builders Pty Ltd [2008] HCA 27

McDonald v Dennys Lascelles Ltd (1933) 48 CLR 457

Paraiso v CBS Build Pty Ltd [2020] NSWSC 190

Realestate.com.au Pty Ltd v Hardingham and Others; RP Data Pty Ltd v Hardingham and Others [2022] HCA 39

Sargent v ASL Developments Ltd (1974) 131 CLR 634

Westpoint Management Ltd v Chocolate Factory Apartments Ltd [2007] NSWCA 253

Wright v Foresight Constructions Pty Ltd [2011] NSWCA 32

Category:Principal judgment
Parties: Craig Casey (First Plaintiff)
Katy Casey (Second Plaintiff)
Hayden Retford trading as Skope Construction (Defendant)
Representation: Counsel:
M Klooster (Plaintiffs)
D Neggo (Defendant)
Solicitors:
KLH & Associates (Plaintiffs)
PBL Law Group (Defendant)
File Number(s): 2023/00221664
Publication restriction: Nil

JUDGMENT

  1. On 16 July 2021, the plaintiffs, Mr Craig Casey and Ms Katy Casey, entered into a written contract with the defendant, Mr Hayden Retford, a builder, which provided for Mr Retford to undertake alterations and additions to the dwelling (“the house”) on land owned by Mr and Ms Casey (“the property”) for the price of $624,475.

  2. In their amended statement of claim, in summary, the plaintiffs allege that, by 19 December 2022, the defendant was in breach of contract, and in breach of the Home Building Act 1989 (“the Act”), in that he had failed to complete the works provided for in the contract within 26 weeks from the date of the commencement of the works. It was further alleged that some of the work done was defective and had not been rectified. It is common ground that the works the subject of the contract are “residential building works” under the Act.

  3. The plaintiffs also allege, in their amended statement of claim, that they paid $818,862.51 for the works and that this sum represented an overpayment. They allege that the defendant has received a benefit at their expense, that it would be unjust or unconscionable for the defendant to retain that benefit and that the defendant is liable to repay to them the amount of the overpayment.

  4. The plaintiffs say that they terminated the contract by email to the defendant on 19…

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AGLC
Casey v Retford [2025] NSWDC 1
Case
[2025] NSWDC 1
Decision Date

CaseChat Overview and Summary

The plaintiffs, Casey, sought damages from the defendant, Retford, for incomplete work and defects in a construction project. The case was heard in the Supreme Court of Victoria. The plaintiffs claimed that the defendant failed to complete the construction of a residential property according to the contract and that the work that was completed contained significant defects. The defendant denied the claims and counter-claimed for outstanding payment for work performed.

The court was required to determine whether the defendant breached the contract by failing to complete the work and whether the plaintiffs were entitled to damages for the incomplete work and defects. The court also had to decide whether the plaintiffs were entitled to restitution for any overpayment made to the defendant and whether the defendant was entitled to payment for the work that he had completed.

The court found that the defendant did breach the contract by failing to complete the work and that the plaintiffs were entitled to damages for the incomplete work and defects. The court also found that the plaintiffs were not entitled to restitution for any overpayment made to the defendant as the plaintiffs had not provided sufficient evidence to support their claim. The court further found that the defendant was entitled to payment for the work that he had completed, but the amount was less than what the plaintiffs had previously paid to the defendant. The court ordered judgment for the plaintiffs in the sum of $117,566.20 and judgment for the defendant on the cross-claim in the sum of $814.

Orders

Orders of the court

(1) Judgment for the plaintiffs in the sum of $117,566.20.

(2) Judgment for the defendant on the cross-claim in the sum of $814.

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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