The Court held that where a concrete slab failed to comply with AS 2870 in three admitted respects but no existing significant damage or real risk of future significant damage was established, it was unreasonable and disproportionate to award demolition and rebuild costs of $815,000. Instead, the appropriate measure was the homeowner's reliance loss, being the total amount paid for the slab ($55,020.40), since the slab failed to meet requirements for either an M or H1 class slab. The Court also rejected a misleading or deceptive conduct claim regarding swimming pool placement and found that expert evidence predicting unspecified future 'catastrophe' without structural analysis or quantification of risk was of limited weight.
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