C & V Engineering Pty Ltd v Hamilton & Marino Builders Pty Ltd [2020] NSWCA 103

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: C & V Engineering Pty Ltd v Hamilton & Marino Builders Pty Ltd [2020] NSWCA 103 Hearing dates: 25 February 2020 Decision date: 29 May 2020 Before: Meagher JA at [1]; White JA at [2]; McCallum JA at [65] Decision: Appeal dismissed with costs. Catchwords: CONTRACTS — Construction — Interpretation –– whether contract formed pursuant to the appellant's offer or the respondent's counter-offer – whether the proper construction of the contract required supply of building materials and services at a price per unit as required or at a fixed sum – where quantity of units required unknown at the time of contracting – where context and businesslike construction militate against fixed sum Cases Cited: Australian and New Zealand Banking Group Ltd v Frost Holdings Pty Ltd [1989] VR 695 Brooker Industries Pty Ltd v Wilson Parking Pty Ltd (1982) 149 CLR 600 at 604; [1982] HCA 5 C&V Engineering Pty Ltd v Hamilton & Marino Builders Pty Ltd [2019] NSWDC 220 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640; [2014] HCA 7 Texts Cited: J D Heydon, Heydon on Contract, Lawbook Co. 2019 Category: Principal judgment Parties: C & V Engineering Pty Limited (Applicant/Cross-Respondent) Hamilton & Marino Builders Pty Limited (Respondent/Cross-Applicant) Representation: Counsel: G Campbell (Applicant) M Sheldon (Respondent)

Solicitors: Daniel Massey Solicitor and Consultant (Applicant) Vincent Young (Respondent) File Number(s): 2019/203545 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Citation: n/a Date of Decision: 3 June 2019 Before: Montgomery DCJ File Number(s): 2018/151422