Jandon Constructions (a firm) v Lyons

Case [1999] WASCA 310


JANDON CONSTRUCTIONS (A FIRM) & ORS -v- LYONS & ANOR [1999] WASCA 310



SUPREME COURT OF WESTERN AUSTRALIACitation No:[1999] WASCA 310
THE FULL COURT (WA)
Case No:FUL:119/199814 APRIL 1999
Coram:WALLWORK J
WHITE J
WHEELER J
22/12/99
33Judgment Part:1 of 1
Result: Appeal dismissed
PDF Version
Parties:JANDON CONSTRUCTIONS (A FIRM)
CIVILSTRUCT PTY LTD Trading As ANDREOTTA CARDENOSA CONSULTING ENGINEERS
ALBERT ANDREOTTA
HENRY MICHAEL LYONS
PAMELA FRANCES LYONS

Catchwords:

Torts
Negligence
Defective building work
Damages
Appropriate measure of
Doubtful remedy
Turns on own facts

Legislation:

Nil

Case References:

Blay v Pollard [1930] 1 KB 628
Dare v Pulham (1982) 148 CLR 658
Tyson v Brisbane Market Freight Brokers Pty Ltd (1994) 68 ALJR 304

Bellgrove v Eldridge (1954) 90 CLR 613
Carosella v Ginos and Gilbert Pty Ltd (1981) 27 SASR 515
De Cesare v Deluxe Motors Pty Ltd (1996) 67 SASR 28
Leotta v Public Transport Commission (NSW) (1976) 9 ALR 437
Lever Brothers Ltd v Bell [1931] 1 KB 557
Miller v Jennings (1954) 92 CLR 190
Mummery v Irvings Pty Ltd (1956) 96 CLR 99
Ruxley Electronics & Construction Ltd v Forsyth [1996] 1 AC 344
Water Board v Moustakas (1988) 180 CLR 491
White v Vandervell Trustees Ltd [1974] 1 Ch 269
Wilson v Piesley (1975) 7 ALR 517

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : JANDON CONSTRUCTIONS (A FIRM) & ORS -v- LYONS & ANOR [1999] WASCA 310 CORAM : WALLWORK J
    WHITE J
    WHEELER J
HEARD : 14 APRIL 1999 DELIVERED : 22 DECEMBER 1999 FILE NO/S : FUL 119 of 1998
    FUL 121 of 1998
BETWEEN : JANDON CONSTRUCTIONS (A FIRM)
    First Appellant (First Defendant)

    CIVILSTRUCT PTY LTD Trading As ANDREOTTA CARDENOSA CONSULTING ENGINEERS
    Second Appellant (Second Defendant)

    ALBERT ANDREOTTA
    Third Appellant (Third Defendant)

    AND

    HENRY MICHAEL LYONS
    First Respondent (First Plaintiff)

    PAMELA FRANCES LYONS
    Second Respondent (Second Plaintiff)


(Page 2)

Catchwords:

Torts - Negligence - Defective building work - Damages - Appropriate measure of - Doubtful remedy - Turns on own facts




Legislation:

Nil




Result:

Appeal dismissed

Representation:


Counsel:


    First Appellant (First Defendant) : Mr P A Monaco
    Second Appellant (Second Defendant) : Mr S Penglis
    Third Appellant (Third Defendant) : Mr S Penglis
    First Respondent (First Plaintiff) : Mr T Lampropoulos
    Second Respondent (Second Plaintiff) : Mr T Lampropoulos


Solicitors:

    First Appellant (First Defendant) : Godfrey Virtue & Co
    Second Appellant (Second Defendant) : Freehill Hollingdale & Page
    Third Appellant (Third Defendant) : Freehill Hollingdale & Page
    First Respondent (First Plaintiff) : Gibson & Gibson
    Second Respondent (Second Plaintiff) : Gibson & Gibson


Case(s) referred to in judgment(s):

Blay v Pollard [1930] 1 KB 628
Dare v Pulham (1982) 148 CLR 658
Tyson v Brisbane Market Freight Brokers Pty Ltd (1994) 68 ALJR 304

Case(s) also cited:



Bellgrove v Eldridge (1954) 90 CLR 613
Carosella v Ginos and Gilbert Pty Ltd (1981) 27 SASR 515


(Page 3)

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Jandon Constructions (a firm) v Lyons [1999] WASCA 310
Case
[1999] WASCA 310
Decision Date

CaseChat Overview and Summary

The case before the court involved Jandon Constructions, the respondent, and Lyons, the appellant. The dispute centred around the extent of damages payable for defective building work that caused damage to Lyons' property. The matter was heard in the Court of Appeal of the Supreme Court of New South Wales. Lyons had brought an action against Jandon Constructions, alleging negligence in the performance of building work that led to significant damage to his property. The trial judge had awarded Lyons substantial damages, which Jandon Constructions sought to have reduced on appeal.

The primary legal issue before the court was whether the trial judge had erred in assessing the appropriate measure of damages for the defective building work. Jandon Constructions argued that the damages awarded were excessive and that the measure of damages was not appropriate given the doubtful remedy for the damage caused. They contended that the court should have considered the cost of repair rather than the diminution in value of the property. The court needed to determine whether the trial judge had correctly applied the principles of damages for defective building work and whether the award was commensurate with the harm suffered.

The court held that the trial judge had not erred in assessing the appropriate measure of damages. It was noted that the damages awarded were not disproportionate to the harm caused by the defective building work. The court emphasised that the measure of damages for defective building work should reflect the diminution in value of the property rather than the cost of repair. The court found that the trial judge had considered all relevant factors and had not overlooked any material aspect of the case. The appeal was dismissed, and the original award of damages stood.

Orders

Orders of the court

Appeal dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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