Kavanagh v Blissett

In *Kavanagh v Blissett*, the builder, Blissett Pty Ltd, was found to be in breach of a building agreement with the plaintiff, Kavanagh. The central dispute concerned whether the directors of Blissett Pty Ltd could also be held personally liable for the builder's breach, and the assessment of damages under section 82 of the *Trade Practices Act 1974* (Cth). The matter proceeded to appeal.

The court was required to determine, firstly, whether the directors of the builder had engaged in conduct that rendered them personally liable under section 75B of the *Trade Practices Act 1974* (Cth) for the contravention of the building agreement. Secondly, the court had to consider the appropriate assessment of damages flowing from the builder's breach.

The court dismissed the appeal, upholding the primary judge's findings. The reasoning focused on the application of section 75B of the *Trade Practices Act 1974* (Cth), which allows for the imposition of liability on persons involved in a contravention. The court found that the directors' involvement in the contravention was established, making them personally liable. The assessment of damages was also affirmed. The appeal was dismissed with costs.