Robert Symes and Kim Louise Filmer v Mick Fabar Constructions Pty Ltd

The case before the court involved Robert Symes and Kim Louise Filmer, the plaintiffs, suing Mick Fabar Constructions Pty Ltd, the defendant, for damages related to a construction project. The dispute centred on the assessment of damages, the unreasonableness of certain actions, and whether there were exceptional circumstances justifying a deviation from standard practices. The matter was heard in the Consumer, Trader and Tenancy Tribunal.

The primary legal issues the court had to address were the reasonableness of the defendant’s actions in conducting the construction project and the appropriateness of the damages awarded to the plaintiffs. The plaintiffs argued that the defendant had acted unreasonably and that the damages awarded were inadequate. The defendant, on the other hand, contended that the damages were excessive and not supported by the evidence. The court had to determine whether the damages awarded were reasonable and if any exceptional circumstances existed that would justify a deviation from the standard approach to damages assessment.

In delivering the judgment, the court found that the defendant's actions were unreasonable, and there were exceptional circumstances that warranted a reassessment of the damages. The court meticulously reviewed the evidence and expert opinions presented, concluding that the original assessment of damages was not reflective of the true losses incurred by the plaintiffs. Consequently, the court ordered that Mick Fabar Constructions Pty Ltd must pay Robert Symes and Kim Louise Filmer the sum of $99,304.71 within 14 days of the date of the order. The court also outlined the procedure for any subsequent costs applications, stipulating the timelines and documentation requirements for both the applicant and the respondent.