Janet Campbell v C.J. Cordony & Sons Pty Limited

The plaintiffs, Janet Campbell, sued the first defendant, C.J. Cordony & Sons Pty Limited, for breach of contract in relation to the renovation of their house. The plaintiffs also sued the second defendant, Mr. Cordony, for misleading and deceptive conduct under the Trade Practices Act 1974 (Cth) and for knowingly being involved in the contravention of the Home Building Act 1989 (NSW). The court had to determine if the plaintiffs were entitled to damages for the first defendant's breach of contract, and if the plaintiffs could prove misleading and deceptive conduct and the second defendant's knowing involvement in the contravention of the Home Building Act 1989 (NSW), as well as whether the plaintiffs suffered any loss due to the conduct.

The court found that the plaintiffs were entitled to damages for the first defendant's breach of contract, as the work done did not meet the building specifications. However, the court found that the plaintiffs failed to establish that they suffered any loss due to the second defendant's misleading and deceptive conduct. The court found that the first defendant had represented that it had home warranty insurance which it was required to have under the Home Building Act 1989 (NSW) when it did not. The court also found that the second defendant was knowingly involved in the contravention of the Home Building Act 1989 (NSW). However, the plaintiffs could not prove that they suffered any loss due to the misleading and deceptive conduct.

The court ordered that the first defendant pay the plaintiffs damages for the breach of contract. The court did not make any orders against the second defendant as the plaintiffs could not prove that they suffered any loss due to the misleading and deceptive conduct.