C & E Critharis Constructions Pty Ltd v Cubic Metre Pty Ltd [2020] NSWCA 348

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: C & E Critharis Constructions Pty Ltd v Cubic Metre Pty Ltd [2020] NSWCA 348 Hearing dates: 14 December 2020 Date of orders: 22 December 2020 Decision date: 22 December 2020 Before: Macfarlan JA; McCallum JA Decision: (1) Dismiss the Notice of Appeal on the ground that it is incompetent. (2) Dismiss the application for leave to appeal. (3) Order the applicant to pay the respondent's costs of the application for leave to appeal and the appeal. Catchwords: APPEALS – leave to appeal – whether leave required – monetary threshold of $100,000 under s 101(2)(r) Supreme Court Act – amount in issue $99,999 – strictly no right of appeal – closeness of sum in issue to the threshold relevant to discretion to grant leave CONTRACTS – remedies – damages – sub-contractor breached contract with builder by supplying and installing materials unfit for purpose – builder paid in full by proprietors and no prospect of it rectifying work – builder not exposed to risk of liability to proprietors – builder did not prove that it suffered loss Legislation Cited: Supreme Court Act 1970 (NSW) Cases Cited: Alucraft Pty Ltd (in liq) v Grocon Ltd (No 2) [1996] 2 VR 386 Jones v Stroud District Council [1988] 1 All ER 5 Westpoint Management Ltd v Chocolate Factory Apartments Ltd [2007] NSWCA 253 Category: Principal judgment Parties: C & E Critharis Constructions Pty Ltd (Applicant) Cubic Metre Pty Ltd (Respondent) Representation: Counsel: R K Weaver (Applicant) B Webster (Respondent)