The Bellgrove v Eldridge qualification to rectification damages applies where the performance interest has been substantially met and the cost of rectification is disproportionate to the benefit to be obtained. A ceiling height deficiency of 48mm on average (against a specification of 2700mm) in a residential apartment, where the functional performance interest was met and the aesthetic loss was limited, fell within the qualification, disentitling the plaintiff to $331,188 in rectification costs. Loss of amenity damages of $30,000 were appropriate in such circumstances. The qualification requires fairly exceptional circumstances and the degree of unreasonableness necessary to disentitle a plaintiff to rectification damages will not be inconsiderable.
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