Mandi Randell and Fred Randell v Brett Anthony Love and Jackson Hemi Love both trading as “New Love Attics and Roof Conversions”

The case of Mandi Randell and Fred Randell v Brett Anthony Love and Jackson Hemi Love trading as “New Love Attics and Roof Conversions” was heard before the Federal Circuit and Family Court of Australia. The applicants, a married couple, brought proceedings against the respondents, who operated a business involved in the construction and renovation of residential properties. The dispute centred on a contract for the conversion of an attic space in the applicants' home, which allegedly went awry, resulting in substantial financial loss and damage to their property.

The primary legal issues for the court to determine included whether a binding contract existed between the parties and, if so, whether the respondents breached the terms of that contract. The applicants argued that the respondents failed to complete the work to an acceptable standard, leading to significant structural issues and water ingress. The respondents contended that the applicants had not fulfilled their obligations under the contract, particularly in terms of timely payments and approvals for the work carried out.

In delivering judgment, the court found that a binding contract did indeed exist between the parties. The court held that the respondents breached the contract by failing to complete the work to the required standard. The evidence presented demonstrated that the respondents did not adhere to the agreed specifications, resulting in the applicants suffering considerable financial loss. Consequently, the court ordered that the respondents pay the applicants the sum of $146,251.20, representing the cost of rectifying the defects and other associated damages. Additionally, the court ruled that the respondents were to pay the applicants’ costs as agreed or assessed on the ordinary basis within 30 days. The application for an adjournment was refused, indicating the court's determination to expedite the resolution of the matter.