Winrobe Pty Ltd v Sundin's Building Co Pty Ltd [No 3]

Winrobe Pty Ltd (the plaintiff) brought proceedings against Sundin's Building Co Pty Ltd (the defendant) in the Supreme Court of New South Wales, Court of Appeal. The dispute concerned the plaintiff's claim for damages for breach of contract and negligence arising from the defendant's construction of a shopping centre.

The primary legal issue before the Court of Appeal was whether the primary judge had erred in finding that the defendant had breached its contractual obligations and was negligent in its construction of the shopping centre. Specifically, the court considered whether the defects identified by the plaintiff were caused by the defendant's actions or omissions, and whether the plaintiff had suffered loss as a result.

The Court of Appeal reviewed the evidence presented at trial, including expert reports and testimony, to assess the findings of the primary judge. The court applied principles of contract law concerning the implied terms of fitness for purpose and satisfactory quality, as well as principles of negligence relating to the duty of care owed by a builder to a client. The court found that the primary judge's findings of fact were well-supported by the evidence and that the defendant had indeed breached its contractual obligations and was negligent.

The Court of Appeal dismissed the defendant's appeal and affirmed the primary judge's decision. The court ordered that the defendant pay the plaintiff the damages awarded by the primary judge.