Miller v Lida Build Pty Ltd

In this case, the appellant, Peter John Francis Miller, brought an appeal against the respondent, Lida Build Pty Ltd, in relation to a domestic building dispute. The primary concern was the determination of damages, specifically the rectification costs incurred by the appellant. The appeal was heard by the court, which had to decide several legal issues concerning the assessment of damages, the reasonableness of incurring rectification costs, the proper consideration of valuation evidence, and the appropriate time from which interest on damages should be payable. The court examined whether the tribunal had erred in its assessment of the rectification costs and if it had failed to adequately consider the valuation evidence presented. Additionally, the court considered whether interest on the damages should be payable from the date of the tribunal's decision or from an earlier date when damages were set off against amounts payable to the builder.

The court found that there was no demonstrated error in the tribunal's consideration of the evidence and its assessment of the rectification costs. It held that the tribunal had not erred in law or failed to take into account relevant considerations. The court also concluded that it was not unreasonable for the tribunal to determine that interest on the damages should be payable from the date of the tribunal's decision, rather than from an earlier date when the damages were set off against amounts payable to the builder. The court dismissed the appeal, finding no basis to interfere with the tribunal's decision.

The court's decision was that the name of the first applicant/appellant should be corrected to Peter John Francis Miller. It set aside Order 3 of the Decision dated 28 April 2014, which pertained to the interest on damages. The application for leave to appeal or appeal was otherwise dismissed. The court ordered that any application for costs must be filed in the Tribunal and a copy provided to the other party by a specified date. If an application for costs was filed, the other party had to file any submissions and evidence in response by a later date, and the application for costs would be determined on the papers without an oral hearing, unless a party requested one by a specified date.