Uszok v Henley Properties (NSW) Pty Limited [2007] NSWCA 31

CONTRACT – building contract – implication of term by custom or usage - whether custom or usage so well-known to home owners to imply term into contract – whether implication contrary to express terms of contract - REASONS FOR DECISION  – whether trial judge gave adequate reasons for decision – whether trial judge failed to properly engage in fact-finding exercise – determination of expert evidence - DAMAGES – damages for breach of building contract – whether damage proved – rejection of evidence - difficulties in estimating loss – damages should not be nominal - UNREPRESENTED LITIGANT – duty of a trial judge - whether trial judge ensured unrepresented party understood procedural options – failure to provide explanation of processes - APPEAL – order for new trial - whether trial sufficiently unfair to demonstrate miscarriage

 LEGISLATION CITED: Civil Procedure Act 2005 (NSW) s 56 (1),(2) - Supreme Court Act 1970 (NSW) s 75A - Supreme Court Rules 1970 (NSW) Pt 51 r 23

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