McKAY v Hudson

Case [2001] WASCA 387


McKAY & ANOR -v- HUDSON & ORS [2001] WASCA 387



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 387
THE FULL COURT (WA)
Case No:FUL:71/20015 NOVEMBER 2001
Coram:WALLWORK J
MURRAY J
OLSSON AUJ
5/12/01
19Judgment Part:1 of 1
Result: Appeal allowed in part
B
PDF Version
Parties:RODERICK DOUGLAS McKAY
KATHLEEN GLENYS McKAY
JOHN FRANCIS HUDSON
MARGARET ROSE HUDSON
COLIN EDWIN BAILEY
SUSAN LYSLE BAILEY

Catchwords:

Damages
Approach to assessment
Breach of contractual obligations
Contract for site development for sale of caravans
Deterioration of site post development
Instability of structure
Defective construction
Appropriate remedial works
Motion for leave to adduce fresh evidence rejected

Legislation:

Nil

Case References:

Alucraft Pty Ltd (In Liq) v Grocon Ltd (The Flinders Street Contract) [1996] 2 VR 386
Bellgrove v Eldridge (1954) 90 CLR 613
Greater Wollongong City Council v Cowan (1955) 93 CLR 435
Hadley v Baxendale (1854) 9 Exch 341
Jacob and Youngs v Kent (1921) 129 NE 889
Surrey County Council v Bredero Homes Ltd [1993] 3 All ER 705
University of Wollongong v Metwally (No 2) (1985) 59 ALJR 481
Urban Transport Authority of NSW v Nweiser (1992) 28 NSWLR 471
Wilson v Peisley (1975) 30 ALJR 207

Brockway v Pando (2000) 22 WAR 405
Commonwealth Bank of Australia v Quade (1991) 178 CLR 134
Hansen v Gloucester Developments Pty Ltd (1992) 1 Qd R 14
Hawkins v Clayton (1988) 164 CLR 539
Jandon Constructions (a firm) v Lyons [1999] WASCA 310
Orr v Holmes (1948) 76 CLR 632
Ruxley Electronics and Constructions Ltd v Forsyth [1995] 3 WLR 118
State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (In Liq) (1999) 160 ALR 588

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : McKAY & ANOR -v- HUDSON & ORS [2001] WASCA 387 CORAM : WALLWORK J
    MURRAY J
    OLSSON AUJ
HEARD : 5 NOVEMBER 2001 DELIVERED : 5 DECEMBER 2001 FILE NO/S : FUL 71 of 2001 BETWEEN : RODERICK DOUGLAS McKAY
    KATHLEEN GLENYS McKAY
    Appellants

    AND

    JOHN FRANCIS HUDSON
    MARGARET ROSE HUDSON
    COLIN EDWIN BAILEY
    SUSAN LYSLE BAILEY
    Respondents



Catchwords:

Damages - Approach to assessment - Breach of contractual obligations - Contract for site development for sale of caravans - Deterioration of site post development - Instability of structure - Defective construction - Appropriate remedial works - Motion for leave to adduce fresh evidence rejected



(Page 2)

Legislation:

Nil




Result:

Appeal allowed in part




Category: B


Representation:


Counsel:


    Appellants : Mr G A Rabe
    Respondents : Mr B P Wheatley


Solicitors:

    Appellants : Goldfinch & Co
    Respondents : Murfett & Co



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

Alucraft Pty Ltd (In Liq) v Grocon Ltd (The Flinders Street Contract) [1996] 2 VR 386
Bellgrove v Eldridge (1954) 90 CLR 613
Greater Wollongong City Council v Cowan (1955) 93 CLR 435
Hadley v Baxendale (1854) 9 Exch 341
Jacob and Youngs v Kent (1921) 129…

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McKAY v Hudson [2001] WASCA 387
Case
[2001] WASCA 387
Decision Date

CaseChat Overview and Summary

McKAY v Hudson was a case where the plaintiff sought damages from the defendant for breach of contractual obligations in relation to a site development intended for the sale of caravans. The plaintiff claimed that the site deteriorated post-development, resulting in instability of the structure and defective construction. The matter was heard in the Supreme Court of Victoria. The plaintiff argued that the defendant had not fulfilled contractual obligations, leading to significant damage, and sought compensation for the required remedial works.

The central legal issues in the case were the appropriate approach to assessing damages in light of the deterioration of the site and the quality of the construction work. The plaintiff argued that the defendant's failure to maintain the site according to the contractual obligations resulted in a substantial decline in the property's value and necessitated costly remedial works. The defendant contended that the damages claimed were excessive and not directly attributable to the breach of contract.

The court found that while the defendant had indeed breached the contract, the evidence presented was insufficient to determine the exact extent of the damages claimed. The court noted that the plaintiff had failed to provide a detailed and reliable estimate of the costs associated with the remedial works. Additionally, the court rejected the plaintiff's motion for leave to adduce fresh evidence, finding that the plaintiff had not demonstrated a sufficient basis for the additional evidence. Consequently, the court allowed the appeal in part, reducing the quantum of damages awarded to the plaintiff.

Orders

Orders of the court

Appeal allowed in part

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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