Following default judgment against a builder whose defence was struck out for non-appearance, the Court assessed damages of $600,711.55 for defective and incomplete residential building works (applying the Tabcorp v Bowen cost-of-rectification measure) and awarded restitution of $67,223.50 for payments made outside the contract under mistake of fact or law. The Court declined to award $39,000 claimed as restitution for payments to third-party subcontractors where the plaintiff could not establish on the evidence what the extra work comprised. Indemnity costs were awarded from the date of an unaccepted Calderbank offer.
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