Steven Miller v Grosvenor Australia Pty Ltd

Steven Miller and Gary Ashmoneit commenced proceedings against Grosvenor Australia Pty Ltd in the Civil and Administrative Tribunal, seeking a new glass sliding door and damages. The dispute arose from a contract for the replacement of a sliding door in their home. Grosvenor had quoted for and agreed to supply a new door, but had not fulfilled its contractual obligations. The Tribunal was tasked with determining whether Grosvenor was liable for breach of contract, and if so, the appropriate remedy.

The primary legal issues before the Tribunal were whether Grosvenor had breached the contract by failing to supply the new sliding door as agreed, and if so, what remedies were available to the plaintiffs. The Tribunal considered the terms of the contract, the evidence provided by both parties, and the principle of mitigation of loss, which requires a plaintiff to take reasonable steps to minimise their losses in the event of a breach of contract. The Tribunal found that Grosvenor had indeed breached the contract and that the plaintiffs had taken reasonable steps to mitigate their losses.

In its decision, the Tribunal found Grosvenor liable for breach of contract and ordered the company to deliver a new glass sliding door within 21 days. The Tribunal also awarded nominal damages of $10.00 to the plaintiffs. The order further specified the procedural steps for any future costs applications, stipulating a timeline for submissions and responses. The Tribunal emphasised the importance of the parties adhering to the prescribed procedures for any subsequent costs applications. This case underscores the significance of contractual obligations and the importance of fulfilling them, as well as the requirement for plaintiffs to mitigate their losses following a breach.