Christian Community Ministries Ltd (ACN 105 961 135) v Intelara Pty Ltd (ACN 093 117 232)

Christian Community Ministries Ltd (CCM) brought proceedings against Intelara Pty Ltd (Intelara) in the Federal Court of Australia, claiming damages for loss and damage to a slab poured in breach of the design requirements, as well as an injunction and declaratory relief. CCM alleged that Intelara breached its duty of care by providing misleading or deceptive information regarding the flood level assessment, and that Intelara engaged in misleading or deceptive conduct under the Australian Consumer Law. The crux of the dispute centred on whether Intelara provided misleading or deceptive information regarding the flood level assessment, and whether this led to CCM suffering a loss. The court was required to determine whether Intelara breached its duty of care by providing misleading or deceptive information, and if such conduct led to CCM suffering any loss. Additionally, the court had to assess whether Intelara engaged in misleading or deceptive conduct under the Australian Consumer Law.

The court found that Mr Sarri, feeling pressured, misinterpreted Mr Lethlean’s email, leading to a misunderstanding about the flood level assessment. Mr Lennox, who received Mr Sarri’s email, discussed the matter with Mr Lyndon, who was concerned about the potential for a large claim by FKG for “prolongation” if the pour was stopped. Mr Wilson did not contact Mr Sarri, believing he had already expressed his concerns. Mr Lennox informed Mr Lyndon that the engineers had declared the slab to be fine, based on Mr Sarri’s email. Consequently, Mr Lyndon did not attempt to defer the pour. The court noted that Mr Lyndon and Mr Lennox had not realized that Mr Lethlean’s email was not addressing the regional flooding concern that Mr Wilson had raised. Ultimately, the court concluded that Intelara had provided misleading or deceptive information, leading to CCM suffering a loss due to the improper pouring of the slab.

The court found in favour of CCM, holding that Intelara had breached its duty of care and engaged in misleading or deceptive conduct. The court ordered Intelara to pay damages to CCM for the loss and damage to the slab, as well as an injunction and declaratory relief as requested. The court also awarded costs to CCM.