Moseley v Better Look Homes Pty Ltd

In *Moseley v Better Look Homes Pty Ltd*, the Supreme Court of New South Wales considered a dispute between a homeowner, Ms. Moseley, and a building company, Better Look Homes Pty Ltd. Ms. Moseley sought to recover damages for alleged defective building work carried out by the company at her property.

The central legal issue before Dowdy J was whether the building contract between the parties incorporated a specific clause that would have limited the company's liability for defective work. The court was required to determine the proper construction of the contract documents and, in particular, the effect of a handwritten amendment on a standard form contract.

Dowdy J found that the handwritten amendment, which altered a key term relating to the company's obligations, was a valid and effective variation to the contract. His Honour reasoned that the parties had clearly intended to depart from the standard terms and that the amendment reflected their agreement. Consequently, the company's liability was to be assessed according to the contract as varied, not the original standard form. The court ultimately found in favour of Ms. Moseley, ordering Better Look Homes Pty Ltd to pay damages for the defective work.