WALKER GROUP CONSTRUCTIONS PTY LTD v TZANEROS INVESTMENTS PTY LTD

摘要

Contracts - Building and construction contracts - Whether an accrued cause of action for breach of a warranty was assigned to a subsequent leaseholder - Whether knowledge of an existing defect prevented recovery for breach of an assigned warranty — Extent of required knowledge - Whether reference to surrounding circumstances permissible in construction of deed of assignment -Whether reference to previous drafts and omitted language permissible in construction of deed of assignment - Interpretation of the deed of assignment by reference to what a reasonable business person would have understood the terms to mean - Reasonableness of cost and process for rectification of defective concrete pavement - Whether or not it was reasonable for the Respondent to recover the total cost of replacement of the defective concrete pavement -Application of Bellgrove v Eldridge (1954) 90 CLR 613 - Whether damages ought to have been reduced for betterment.