Hull v Thompson [2001] NSWCA 359 - defective concrete slab, demolish and reconstruct

Discussion in 'Legal Issues' started by larrylarry, 23rd May, 2022.

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  1. larrylarry

    larrylarry Well-Known Member

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    Hull v Thompson [2001] NSWCA 359
    Hull v Thompson - NSW Caselaw

    This is an appeal against the judgment of Delaney DCJ in the District Court of NSW who ordered that the Appellant (the builder) demolished and reconstruct a house built by them for the Respondent (owners). The District Court judge found that the builder failed to build the concrete slab according to specifications and resulted in damage to the building. Instead of rectification which costs less, the judge preferred the expert evidence that the building should be demolished and reconstructed.

    It sounds extreme but the owner's expert evidence was not challenged and the expert was not cross examined. The judge accepted the expert evidence and the owner's last minute alternate claim for relief which is to demolish and reconstruct.

    The judge found and agreed with the expert that there is no other way to repair the defective concrete slab except to have it started all over again. Boom.
     
    Last edited: 23rd May, 2022
    larrylarry, 23rd May, 2022
    #1