Wallin v MJB Building Services Pty Ltd

In the case of Wallin v MJB Building Services Pty Ltd, the plaintiffs, the estate of Ms Paula Wallin and the estate of Mr Graeme Wallin, appealed against a decision that dismissed their claim for damages against MJB Building Services Pty Ltd. The dispute centred on a house that was constructed by MJB and whether the construction was defective, resulting in water ingress and damage to the property. The case was heard in the Supreme Court of New South Wales.

The primary legal issues in the case were whether the plaintiffs had established that the construction of the house was defective and whether the damage to the property was a result of that defect. The court had to consider the evidence provided by experts in building construction and the applicable standards of workmanship and design. The court also had to consider whether the plaintiffs had taken reasonable steps to mitigate the damage caused by the alleged defect.

The court found that the plaintiffs had not established that the construction of the house was defective. The court found that the experts' evidence was not persuasive and that there was no evidence to support the claim that the damage to the property was caused by a defect in the construction. The court also found that the plaintiffs had not taken reasonable steps to mitigate the damage caused by water ingress. The court dismissed the appeals and ordered that the costs of the appeal concerning the estate of Mr Graeme Wallin be paid in priority out of the property of that estate.