Carbone v Fowler Homes Pty Ltd; Carbone v Fowler Homes Pty Ltd

• 1. Contract
  2. › Contracts for residential building work
  3. › Breach of contract
  4. › Damages for delay in completion
  5. › Whether claim for damages for breach of contract within scope of pleadings
  6. › Whether trial conducted on basis departing from pleadings
  7. › Home Building Act 1989 (NSW), s 18G
• 1. Contract
  2. › Contracts for residential building work
  3. › Liquidated damages clause
  4. › Nominal liquidated damages ($1 per day)
  5. › Whether liquidated damages clause exhaustive of owner's remedies for delay
  6. › Whether owner entitled to prove unliquidated damages
• 1. Practice and Procedure
  2. › Pleadings
  3. › Departure from pleadings at trial
  4. › Whether trial conducted on basis that included unpleaded claim
  5. › Whether primary judge erred in declining to determine issue litigated but not pleaded
  6. › Uniform Civil Procedure Rules 2005 (NSW), r 14.14
• 1. Damages
  2. › Proof of loss
  3. › Lost rent from delayed construction
  4. › Whether sufficient evidence adduced
  5. › Comparable leases as evidence of rental value
  6. › Whether court should do best it can to assess damages

Quick Take