The latest issue of the Building and Construction Law Journal (Volume 28 Part 1) contains the following material:
- Disclosure in relationship contracting
Storm in a Tabcorp – Kelvin Keane
The assessment of the measure of damages for building defects travelled on a relatively unspectacular path since the seminal judgement of Bellgrove v Eldridge. The decision of Ruxley v Forsyth was thought to inject some fresh impetus by broadening the award of diminution value damages. This expansion, however, hit a brick wall in the Tabcorp case where the High Court reaffirmed the ruling principle of contract expectation. The court stated that it was to be “fairly exceptional” that the reasonableness of damages was displaced and only after a test of unreasonableness was satisfied. An examination of post-Tabcorp decisions provides some guidance on the position of the courts and building tribunals to the present time.
- K & J Burns Electrical Pty Ltd v GRD Group (NT) Pty Ltd
- John Holland Pty Ltd v Walz Marine Services Pty Ltd
For the pdf version of the table of contents, click here: BCL Vol 28 Pt 1 contents.