Donald Gregory Everson and Jo Anne Everson v Robert James Mackley

The dispute in Donald Gregory Everson and Jo Anne Everson v Robert James Mackley concerned a claim by the Eversons against the builder, Mackley, for failure to complete a home construction project to the agreed standard. The case was heard in the Supreme Court of Queensland. The Eversons alleged that Mackley did not adhere to the terms of the contract for the construction of their home, resulting in defects and incomplete work. They sought damages for breach of contract and failure to perform the work as agreed.

The central legal issues before the court were whether Mackley breached the contract by failing to complete the project to the required standard and whether the Eversons were entitled to damages. The court had to consider the terms of the contract, the nature of the defects, and the extent of the work left incomplete. It was also necessary to determine the appropriate measure of damages if a breach was found.

The court found that Mackley had indeed breached the contract by failing to complete the construction work to the agreed standard and leaving several defects unaddressed. The Eversons had provided sufficient evidence of the incomplete work and substandard finishes. The court assessed the cost of rectifying the defects and the inconvenience caused to the Eversons. After evaluating the evidence, the court awarded the Eversons $10,000 in damages, reflecting the cost of the necessary repairs and the impact of the incomplete work on their ability to use the property.