APPEAL – questions of law – breach of warranty under Home Building Act,1989 (NSW) – whether evidence discharged burden to prove breach of statutory warranties.
CONTRACT – terms of contract between the parties – work to be done – objective assessment of contractual terms – work done by contractor – warranty to undertake work in proper and workmanlike manner.
EVIDENCE – no adequate evidence as to quantum of appellants’ loss – remittal for determination on proper evidence.