BELLGROVE V. ELDRIDGE [1954] 90 CLR 613
High Court of Australia – 20 August 1954
FACTS
Eldridge retained Bellgrove to build a brick house villa to specifications.
The price for the work was £3,500, but Eldridge only paid £3,100. Bellgrove sued for the balance, but Eldridge sued for substantial departures from the specification, which caused grave instability in the villa.
The judge rejected Bellgrove’s claim and accepted Eldridge’s claim. The judge awarded damages of £4,950 to Eldridge.
Bellgrove appealed on the question of damages. The judge had decided that the work was so defective that the villa would have to be pulled down and rebuilt.
ISSUE
Had the judge properly assessed the damages?
In particular should the judge have assessed damages by comparing the value of the villa if it had been properly built against the value as it currently stood?
FINDING
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