Keene v SJ Weir P/L

Keene (the applicant) sought leave to appeal from a decision of the District Court of South Australia, which had dismissed his claim against SJ Weir P/L (the respondent) for damages for breach of contract. The dispute concerned alleged defects in building work carried out by the respondent at the applicant's property.

The primary legal issue before the Full Court of the Supreme Court of South Australia was whether the District Court judge had erred in law by failing to consider, or adequately consider, the applicant's evidence regarding the extent of the defects and the cost of rectification. This involved an assessment of whether the judge had properly applied the principles of pleading and evidence in a contractual dispute concerning building works.

The Full Court found that the District Court judge had indeed failed to properly consider the applicant's evidence. The judge had focused on the fact that the applicant had not provided a detailed schedule of defects and rectification costs at the commencement of the trial, despite the respondent having pleaded a defence of waiver and acceptance of the work. The Full Court held that the applicant was entitled to present evidence of the defects and their cost of rectification during the trial, and that the judge should have considered this evidence when determining the quantum of damages. The court emphasised that the purpose of pleadings is to define the issues, but evidence led at trial, if relevant to those issues, must be considered.

The Full Court therefore granted leave to appeal, set aside the order of the District Court, and remitted the matter to the District Court for a new trial on the issue of damages.