Uszok v Henley Properties (NSW) Pty Ltd

Uszok (the appellant) brought proceedings against Henley Properties (NSW) Pty Ltd (the respondent) concerning a building contract. The dispute involved allegations of breach of contract and claims for damages. The matter was heard on appeal in the Court of Appeal of New South Wales.

The Court of Appeal was required to determine whether the trial judge had given adequate reasons for their decision, whether the trial judge had failed to properly engage in the fact-finding exercise, particularly in relation to expert evidence, and whether the trial judge had adequately considered the difficulties in estimating loss when awarding damages. Furthermore, the appeal considered whether the trial judge had fulfilled their duty to an unrepresented litigant by ensuring they understood procedural options and by providing explanations of processes. The overarching question was whether the trial had been sufficiently unfair to demonstrate a miscarriage of justice.

The Court of Appeal found that the trial judge had not provided adequate reasons for their decision and had failed to properly engage with the evidence, particularly the expert evidence. The court also determined that the trial judge had not adequately considered the difficulties in estimating the appellant's loss, leading to an insufficient award of damages. The court concluded that the trial judge had not adequately discharged their duty to the unrepresented appellant, contributing to a miscarriage of justice.

Consequently, the appeal was allowed, and the verdict, judgment, and orders of the trial judge were set aside. Judgment was entered for the appellant on the statement of claim and for the appellant on the cross-claim with damages to be assessed. The matter was remitted to the District Court for the assessment of damages, and the respondent was ordered to pay the appellant's costs.