Trivan Pty Ltd (in Liquidation) Formerly Trivan Building Services Pty Ltd v Gowa Pty Ltd Formerly a and G Formwork Contractors Pty Ltd

The New South Wales Court of Appeal heard an appeal concerning a dispute between Trivan Pty Ltd (in Liquidation), formerly Trivan Building Services Pty Ltd, and Gowa Pty Ltd, formerly A and G Formwork Contractors Pty Ltd, and a third party. The core of the dispute involved claims arising from building works undertaken by Trivan for Gowa.

The primary legal issues before the Court of Appeal were whether the primary judge erred in finding that Trivan had breached its contractual obligations to Gowa, and consequently, whether Gowa was entitled to damages for those breaches. The court also considered the proper assessment of those damages, particularly in relation to the cost of rectifying defective work and the impact of any concurrent liability.

The Court of Appeal analysed the evidence presented at trial regarding the quality of Trivan's work and the terms of the building contract. It applied principles of contract law, including the implied terms of fitness for purpose and good and workmanlike construction, to determine whether Trivan had met its contractual obligations. The court considered the extent to which Gowa's own actions or omissions may have contributed to the issues, and the principles governing the assessment of damages for defective building work, including the cost of rectification and the rule in *Ruxley Electronics and Construction Ltd v Forsyth*.

The Court of Appeal ultimately upheld the primary judge's finding of breach by Trivan but varied the assessment of damages. The court ordered that Gowa was entitled to damages, but the quantum was adjusted to reflect a more appropriate measure of loss, considering the principles of rectification and diminution in value.