2144 Broke Road v ACN 062 859 358

2144 Broke Road v ACN 062 859 358

FACTS:

2144 Broke Road (“the Plaintiff”) wanted to develop land in Pokolbin to construct a wine cellar door and associated buildings. The Plaintiff entered into a contract with ACN 062 859 358 (“the Defendant”) whereby the Defendant was to undertake construction work for the Plaintiff.

The Defendant undertook the construction work however the Plaintiff was not satisfied with the quality of work alleging defects and seeking rectification or damages. In the meantime the Defendant was placed into liquidation. The Plaintiff sought and was granted leave by the Supreme Court to proceed against the Defendant notwithstanding it being the subject of liquidation.

ISSUES:

Whether the defendant was liable for the defects alleged by the Plaintiff and if the Defendant was so liable, what damages was the Plaintiff entitled to?

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