Payce Communities Pty Ltd v Canterbury-Bankstown Council [2021] NSWSC 331

Supreme Court New South Wales

Medium Neutral Citation: Payce Communities Pty Ltd v Canterbury-Bankstown Council [2021] NSWSC 331 Hearing dates: 1 to 4 March and 8 to 10 March 2021; further written submissions 11, 12, 16, 18, 19 March 2021 Date of orders: 06 April 2021 Decision date: 06 April 2021 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Plaintiff entitled to damages for variations Catchwords: BUILDING AND CONSTRUCTION – contract – damages – variation – where parties agreed that the Fit Out Agreement (FOA) Contract Price was $2.171 million – dispute as to the scope of work to be done for the FOA Contract Price – whether variations claimed by developer were in respect of work to be done for the FOA Contract Price Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Competition and Consumer Act 2010 (Cth) Cases Cited: BP Exploration Operating Co Ltd v Chevron Shipping Co (Scotland) [2001] UKHL 50; [2003] 1AC 197 Canterbury-Bankstown Council v Payce Communities Pty Ltd [2019] NSWSC 1419 Canterbury-Bankstown Council v Payce Communities Pty Ltd [2019] NSWSC 1803 Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588; [2011] HCA 21 Gould v Vaggelas (1985) 157 CLR 215; [1985] HCA 75 Hyder Consulting (Australia) Pty Ltd v Wilh Wilhelmsen Agency Pty Ltd & Anor [2001] NSWCA 313 Category: Principal judgment Parties: Payce Communities Pty Ltd (Plaintiff) Canterbury-Bankstown Council (Defendant) Representation: Counsel: Mr D T Miller SC with Mr M Sheldon (Plaintiff) Mr B DeBuse with Mr J E F Brown (Defendant)