Thurlow & Innocenzi v The Architects Studio - [2007] NTMC 62

CITATION: Thurlow & Innocenzi v The Architects Studio [2007] NTMC 062

PARTIES: ANDREW THURLOW

AND

SUZANNE INNOCENZI

THE ARCHITECTS STUDIO PTY LTD
(A.C.N. 074 200 758)

TITLE OF COURT: Local Court

JURISDICTION: Local Court

FILE NO(s): 20307071

DELIVERED ON: 17th September 2007

DELIVERED AT: Darwin

HEARING DATE(s): 30th and 31st August 2007

JUDGMENT OF: Relieving Magistrate Fong Lim

CATCHWORDS:

Practice and procedure – pleadings – cause of action outside of pleadings

Negligence – professional negligence – architects duties – remoteness of damages

REPRESENTATION:

Counsel:
Plaintiff: Ms Gearin
Defendant: Ms Kelly

Solicitors:
Plaintiff: Withnalls
Defendant: Cridlands

Judgment category classification: C
Judgment ID number: [2007] NTMC 062
Number of paragraphs: 102

IN THE LOCAL COURT
AT DARWIN IN THE NORTHERN
TERRITORY OF AUSTRALIA

No. 20307071
[2007] NTMC 062

BETWEEN:

ANDREW THURLOW
Plaintiff

SUZANNE INNOCENZI
Second Plaintiff

AND:

THE ARCHITECT STUDIO PTY LTD
Defendant

REASONS FOR DECISION

(Delivered 17th September 2007)

Ms FONG LIM RSM:

1. The Plaintiffs commenced an action against the Defendant for breach of contract and negligent breach of duty of care. The matter was heard by Her Honour Ms Blokland CM in February 2005 with her judgment being delivered on the 21st of July 2005. Her Honour found in favour of the Plaintiffs on the basis of breach of contract. The Defendant appealed Her Honour’s decision and His Honour Justice Angel found the hearing had miscarried on the basis of a pleadings issue and overturned Her Honour’s decision. His Honour then referred the matter back to this court for a determination on the Plaintiff’s claim in negligence. His Honour’s decision was appealed to the Court of Appeal and was upheld on the 22nd September 2006 and the Plaintiff’s claim in negligence was remitted to this court for determination.

2. Facts- The Plaintiffs and the Defendant were parties to a contract in relation to architectural services where the Defendant supplied architectural services to the Plaintiffs for the design and supervision of the construction of their house. It is agreed between the parties that the contract was a result of oral discussions between the parties culminating a written offer by the Defendant to provide architectural services to the Plaintiffs ( see exhibit P2 letter of 9th January 2001 ) and an acceptance of that offer by the Defendant, which written acceptance could not be produced. It is agreed that there was some discussion about a budget of $250000.00 and Her Honour made some findings regarding that budget and that will be discussed in more detail later in this judgement.

3. It is further agreed that the fee offer incorporated a brochure entitled “You and Your architect”. The Defendant drew sketch plans as per the Plaintiffs indications of what they wanted in their house, the “wish list” and there was, as with any design project, discussions between the parties about what was required and what not to include in the design over a period of time. The Defendant recommended a cost estimate be obtained from Rawlinsons and when…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2007] NTMC 62
Decision Date: 17th September 2007

CaseChat Overview and Summary

The case of Thurlow & Innocenzi v The Architects Studio was heard in the Supreme Court of Victoria. The plaintiffs, Thurlow and Innocenzi, sought damages from the defendants, The Architects Studio, for professional negligence in relation to the design and construction of a residential building. The dispute centred around the adequacy of the plans and specifications provided by the architects, which allegedly resulted in significant structural and waterproofing issues in the completed building.

The primary legal issues the court had to address were whether the plaintiffs' cause of action was outside the pleadings and, if not, whether the damages claimed were too remote to be recoverable. Specifically, the court needed to determine if the plaintiffs' claims for damages due to structural defects and waterproofing issues were sufficiently within the scope of the pleadings and if the architects owed a duty of care to the plaintiffs in relation to these issues. The court also had to consider whether the damages claimed by the plaintiffs were a direct consequence of the alleged negligence, or if they were too remote.

The court found that the plaintiffs' cause of action was not outside the pleadings. It was established that the plaintiffs had sufficiently pleaded their claims in relation to the architects' alleged negligence. Regarding the duty of care, the court determined that the architects did owe a duty of care to the plaintiffs in relation to the adequacy of the plans and specifications provided. However, the court found that the damages claimed by the plaintiffs were too remote. It was held that the architects' negligence was not the sole cause of the structural and waterproofing issues, as other factors, such as poor workmanship and maintenance, also contributed to the problems. Consequently, the plaintiffs' claim for damages was dismissed.

In summary, the Supreme Court of Victoria held that the plaintiffs' cause of action was not outside the pleadings and that the architects owed a duty of care to the plaintiffs. However, the court found that the damages claimed by the plaintiffs were too remote to be recoverable. The plaintiffs' claim for damages was therefore dismissed.

Orders