Molloy Trading as Topline Pipelaying v Hobday

Molloy, trading as Topline Pipelaying, appealed to the New South Wales Court of Appeal against a decision of the District Court. The dispute concerned the plaintiff's claim for damages for breach of contract and negligence arising from work performed by the defendant.

The Court of Appeal was required to determine whether the District Court judge had erred in finding that the plaintiff had breached the contract and was therefore not entitled to recover damages. Specifically, the court considered whether the plaintiff had failed to perform the work in a proper and workmanlike manner, and whether the defendant had accepted the work despite its alleged defects.

The Court of Appeal found that the District Court judge had made no error in his findings of fact or in his application of the law. The court held that the evidence supported the conclusion that the plaintiff had not performed the work in a proper and workmanlike manner, and that the defendant had not accepted the work. Therefore, the appeal was dismissed.