Roberts v Goodwin Street Developments Pty Ltd

Roberts was the owner of a boarding house and Goodwin Street Developments Pty Ltd was the developer and builder of the property. Roberts alleged that the building work carried out by Goodwin Street was defective, leading to damage to the property. Roberts sought to recover damages for these defects. The dispute ultimately came before the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the statutory duty of care imposed by the *Design and Building Practitioners Act 2020* (NSW) applied to the boarding house in question, and what was the proper measure of damages for a reversionary interest in property where damage had occurred. Additionally, the court considered whether the respondent had been denied procedural fairness by the trial judge determining the matter on the basis of an action on the case in trespass, which had not been explicitly pleaded in the List Statement.

The Court of Appeal held that the *Design and Building Practitioners Act 2020* (NSW) did apply to the boarding house, as it constituted a "building" and the work undertaken was "building work" and "construction work" within the meaning of the Act. Regarding damages, the court determined that for a reversionary interest, the proper measure was the diminution in the value of that interest, rather than the cost of rectification. The court also found no denial of procedural fairness, as the issue of trespass had been sufficiently foreshadowed and argued during the proceedings.

The appeal was dismissed, and Goodwin Street Developments Pty Ltd was awarded its costs.