Oussama Ghani and Lila Moujaber v C and J Concrete Services Pty LimitedC and J Concrete Services Pty Limited

The plaintiffs, Oussama Ghani and Lila Moujaber, sought damages from C and J Concrete Services Pty Limited after a contract for the construction of a concrete driveway on their property resulted in significant defects. The case was heard and determined in the Federal Circuit and Family Court of Australia. The plaintiffs argued that the defendant had breached the contract by failing to provide a driveway of workmanlike quality and by not warning them of potential issues with the construction.

The primary legal issues for the court to decide were whether the defendant breached the contract by not delivering a driveway of workmanlike quality, and if the plaintiffs were entitled to damages for the cost of rectifying the defects. The court also needed to consider whether the plaintiffs were entitled to additional damages for the defendant's failure to warn them of potential construction problems.

The court found that the defendant did breach the contract by not delivering a driveway of workmanlike quality, as evidenced by the significant cracking and settling of the concrete. The court held that the plaintiffs were entitled to damages for the cost of rectifying the defects. The court also found that the defendant should have warned the plaintiffs of potential construction problems but did not do so. As a result, the plaintiffs were entitled to additional damages for the defendant's failure to warn. The court determined the quantum of damages to be $17,220.20, which covered the cost of rectifying the defects and additional damages for the failure to warn. The court also dismissed the defendant's cross-claim against the plaintiffs.