Calibre Construction Corp Pty Limited v Bayside Council [2021] NSWSC 758

Supreme Court New South Wales

Medium Neutral Citation: Calibre Construction Corp Pty Limited v Bayside Council [2021] NSWSC 758 Hearing dates: 4, 5 May 2021; further written submissions ending 17 May 2021 Date of orders: 25 June 2021 Decision date: 25 June 2021 Jurisdiction: Equity Before: Parker J Decision: See [75]-[78] Catchwords: CONTRACTS – construction – dispute between contractor and local council under contract for property development – contractor agreed to undertake public works as payment in kind of contributions under s 94 of the Environmental Planning and Assessment Act 1979 (NSW) – where council alleges contractor still owes a debt under the agreement – where council also alleges contractor failed to rectify defects in works – council now withholding bank guarantees provided by contractor by way of security – whether contractor entitled to have the guarantees returned – previous common law proceedings – no issue estoppel – council's debt and rectification claims statute barred – contractor entitled to delivery up of guarantees Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), s 94 Limitation Act 1969 (NSW), ss 63, 74 Cases Cited: McGrath v Sturesteps; Sturesteps v HIH Overseas Holdings Ltd (in liq) (2011) 81 NSWLR 690 Miwa Pty Ltd v Siantan Properties Pte Ltd [2011] NSWCA 297 Rockdale City Council v Calibre Construction Corp Pty Ltd [2015] NSWSC 1980 Category: Principal judgment Parties: Calibre Construction Corp Pty Limited (Plaintiff) Bayside Council (Defendant) Representation: Counsel: S Balafoutis SC/B Smith (Plaintiff) M Seymour (Defendant)