Andrix Homes & Constructions Pty Ltd v Mac & Anor [2021] NSWDC 53

District Court New South Wales

Medium Neutral Citation: Andrix Homes & Constructions Pty Ltd v Mac & Anor [2021] NSWDC 53 Hearing dates: 3 March 2021 Date of orders: 12 March 2021 Decision date: 12 March 2021 Jurisdiction: Civil Before: J Smith SC, DCJ Decision: (1) The question stated to be determined pursuant to Pt 28 of the Uniform Civil Procedure Rules: "Whether the settlement agreement and deed of release attached to these orders marked "A" is binding upon the Parties" Be answered as follows: "Yes." (2) The statement of claim and cross-claim are to be listed for further directions before the List Judge on 26 March 2021 at 9:30am. Catchwords: BUILDING AND CONSTRUCTION – Contract – Termination – binding and enforceable agreement – separate question Legislation Cited: Building Code of Australia Conveyancing Act 1919, s 38 Home Building Act 1989, s 18B Uniform Civil Procedure Rules, Pt 28 Cases Cited: Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd (2016) 260 CLR 1 Upper Hunter County District Council v Australian Chilling & Freezing Co Ltd (1968) 118 CLR 429 Texts Cited: J W Carter, Carter on Contract, online version, [04-040] Category: Principal judgment Parties: Andrix Homes & Constructions Pty Ltd – Plaintiff John Mark Mac – First Defendant Kerry Leanne Mac – Second Defendant Representation: Counsel: Mr T Bland – Plaintiff Mr S Blackman - Defendant Solicitors: Bilbie Faraday Harrison – Plaintiff File Number(s): 2019/167516 Publication restriction: Nil