Diane Elva May Harris v Perry Homes (Aust) Pty Limited

In the matter of Diane Elva May Harris versus Perry Homes (Aust) Pty Limited, the Federal Circuit and Family Court of Australia was tasked with resolving a dispute concerning a building case. The plaintiff, Diane Elva May Harris, brought an action against Perry Homes (Aust) Pty Limited, the builder of a property she had purchased. The primary issues at hand related to the admissibility of expert evidence concerning both liability and quantum.

The court needed to determine whether the plaintiff's expert witness could testify on both liability and quantum, given that an initial expert report had already been submitted focusing on liability. The court was also required to consider whether the plaintiff could present an additional expert report concerning quantum, which only accounted for the costs associated with the demolition and reconstruction of the building, not the rectification costs. The plaintiff sought leave to amend her expert report to include rectification costs, thereby providing a more comprehensive assessment of damages.

The court concluded that while the Uniform Civil Procedure Rules 31.17 aimed to minimise the number of expert witnesses to achieve justice, the plaintiff was already engaged in an expert within the appropriate field. As such, the court refused the application for leave to adduce the report on liability. However, recognising the importance of a complete assessment of damages, the court granted the plaintiff leave to amend her expert report to include the cost of rectification work. This decision allowed for a more accurate estimation of the overall damages incurred due to the builder's failure to meet contractual obligations. The court further ordered that the plaintiff's costs in this motion be borne by the defendant.