Swan v The Energy People Pty Limited ACN 089 534 403 (Appeal)

In the matter of Swan v The Energy People Pty Limited ACN 089 534 403, the appellant, Mr. Swan, sought damages for alleged harm caused by the installation of air-conditioning and hot water units at his residence. The respondent, The Energy People Pty Limited, was contracted to install these units. The dispute primarily centred on the claim that the installation process caused damage to the roof capping and disturbance of asbestos. While some aspects of the dispute were resolved at the hearing before the Original Tribunal, with consent orders made, the remaining application was dismissed. Mr. Swan appealed the decision in relation to the alleged damage to the roof capping and the disturbance of asbestos caused by the hot water system installation.

The central legal issues before the court were whether there was evidence that the installer damaged the roof capping and whether the respondent was liable for the damages claimed. The court had to assess the evidence presented regarding the condition of the roof capping before and after the installation, and whether the damage was attributable to the installer's actions. Additionally, the court needed to determine if the installation process caused the disturbance of asbestos and if the respondent was responsible for the associated costs.

The court found that there was sufficient evidence to support the claim that the installer damaged the roof capping during the installation process. The respondent’s liability for the damage was established based on the evidence of the condition of the roof capping before and after the installation and the expert testimony regarding the installer's actions. The court also determined that the respondent was liable for the costs associated with repairing the damage to the roof capping. However, the court upheld the dismissal of the claim regarding the disturbance of asbestos, as the evidence did not sufficiently establish that the installation process caused this disturbance. Therefore, the appeal was allowed in part, and the respondent was ordered to pay Mr. Swan for the cost of repairing the damaged roof capping and the filing fee for the appeal.