Ciccarelli v Cavasinni Developments

The case of Ciccarelli v Cavasinni Developments involved a dispute over damages awarded in a construction defect case. The plaintiff sought damages for defects in a property, and the referee's report was adopted by the court. The plaintiff claimed interest on the damages awarded, but there was no evidence that the plaintiff had undertaken repairs quantified by the referee. The court had to decide whether the damages awarded by reference to the cost of repair were equivalent to the diminution in value of the premises. Additionally, the plaintiff alleged that the defendant's delay in providing the property was unreasonable, and the court had to determine whether such delay diminished the plaintiff's entitlement to interest. The court also had to decide whether interest should be awarded at the market rate or the Schedule J rate.

The court found that the damages awarded by reference to the cost of repair were not equivalent to the diminution in value of the premises. The court also found that the delay by the defendant in providing the property was unreasonable, but this did not diminish the plaintiff's entitlement to interest. The court held that interest should be awarded at the market rate rather than the Schedule J rate. In relation to costs, the court held that the plaintiff did not entirely succeed on the adoption application, and the court departed from the usual order for costs. The court found that the partial success of the plaintiff was a reason for departing from the usual order for costs.

The court held that an inquiry into whether the defendant suffered loss from the imposition of interlocutory orders was not necessary for the interlocutory relief to be granted. The court found that the interlocutory orders were necessary to preserve the status quo and prevent the defendant from dissipating assets. The court also held that the defendant's application for an inquiry was an abuse of process. The court awarded costs to the plaintiff on an indemnity basis, but reduced the amount by 10% due to the partial success of the plaintiff. The court also ordered the defendant to pay interest on the amount awarded to the plaintiff.