Francis Dennis Curran v Antonio Alvaro trading as Alvaro Bros (Builders)

In the Supreme Court of New South Wales Court of Appeal, Francis Dennis Curran (the plaintiff) brought proceedings against Antonio Alvaro, trading as Alvaro Bros (Builders) (the defendant), concerning a dispute arising from building works.

The central legal issues before the Court of Appeal were whether the defendant had breached his contractual obligations to the plaintiff and, if so, what damages were recoverable. Specifically, the court had to determine if the building works were completed in a defective manner and if the plaintiff had suffered loss as a consequence of these defects.

The Court of Appeal considered the evidence presented regarding the quality of the building works and the terms of the contract between the parties. It applied principles of contract law, including the implied term that building works would be carried out with reasonable care and skill and would be fit for their intended purpose. The court assessed whether the defects identified constituted a breach of these obligations and whether the plaintiff had provided sufficient evidence to establish the quantum of damages suffered.

The Court of Appeal ultimately found in favour of the plaintiff, upholding the primary judge's decision regarding the breach of contract and the assessment of damages. The appeal was dismissed.