The appellants appealed a trial judgment awarding the respondent damages for the cost of repairing her coach house, which was damaged by vibrations from the appellants' construction project.
The Court of Appeal upheld the trial judge's findings on liability, concluding that the evidence supported a change in construction methods and causation.
However, the Court reduced the damage award by 10 per cent to account for savings if the appellants had performed the repairs themselves and for pre-existing defects.
The Court also disallowed pre-judgment interest on the damages to prevent over-compensating the respondent, as the damages were assessed based on the cost of repairs at the date of trial.
