David Kenneth Costin trading as DC Build Construct v Catherine Maree Parer in her capacity as administrator of the deceased estate of Christopher Charles Musgrave No.1 [2021] NSWDC 564

District Court New South Wales

Medium Neutral Citation: David Kenneth Costin trading as DC Build Construct v Catherine Maree Parer in her capacity as administrator of the deceased estate of Christopher Charles Musgrave No.1 [2021] NSWDC 564 Hearing dates: 13 September 2021 to 15 September 2021 Date of orders: 17 September 2021 Decision date: 17 September 2021 Jurisdiction: Civil Before: Priestley SC, DCJ Decision: See [97-98] Catchwords: Breach of contract – Building contract Legislation Cited: Home Building Act 1989 (NSW) Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (UCPR) (NSW) Cases Cited: Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 All ER 98 Sharp v Cossack Pearls Pty Ltd [2012] FCAFC 110 Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Australian Broadcasting Commission v Australasian Performing Right Association Ltd, (1973) 129 CLR 99 Creative Building Services v Jolene Investments Pty Ltd [2013] NSWSC 391 Mann v Paterson Constructions Pty Ltd [2019] HCA 32 Texts Cited: Brooking on Building Contracts 5th edition Category: Principal judgment Parties: David Kenneth Costin trading as DC Build Construct

Catherine Maree Parer in her capacity as adminstrator of the deceased estate of Christopher Charles Musgrave Representation: McCall Counsel for the Plaintiff Taylor Counsel for the Respondent