Renbar Constructions Pty Ltd v Sader; Sader v Renbar Constructions Pty Ltd [2022] NSWSC 172

Supreme Court New South Wales

Medium Neutral Citation: Renbar Constructions Pty Ltd v Sader; Sader v Renbar Constructions Pty Ltd [2022] NSWSC 172 Hearing dates: 14 - 17 February 2022; further written submissions 21 February 2022 Decision date: 25 February 2022 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Builder entitled to recover balance of costs of construction; owner entitled to damages for delay and defects Catchwords: CONTRACTS – general contractual principles – construction – interpretation of critical terms of the contract – whether compliance with a contractual mechanism for claiming progress payments was a condition precedent to payment of the entire contract sum – implied terms – necessary to give business efficacy to the contract – contractor entitled to payment of unpaid contract sum on completion of works CONTRACTS – breach of contract – forms of breach – amount of damages calculated as a result of defective work and delay – whether defective work and 141 week delay amounted to "substantial" breaches – whether contract validly terminated BUILDING AND CONSTRUCTION – determination of the cost of construction of the work EQUITY – whether estoppel by convention available – no mutual assumption adopted – no sufficient detriment to party seeking estoppel Legislation Cited: Home Building Act 1989 (NSW) Cases Cited: Agricultural and Rural Finance Pty Ltd v Gardiner (2008) 238 CLR 570; [2008] HCA 57 Bou-Simon v BGC Brokers LP [2018] EWCA Civ 1525 BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266 Camuglia v Housman [2020] NSWDC 446 Cappello v Hammond & Simonds NSW Pty Ltd [2021] NSWCA 57; [1982] HCA 24 Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337; [1982] HCA 24 Creative Building Services Pty Ltd v Jolene Investments Pty Ltd [2013] NSWSC 391 Hadley v Baxendale (1854) 9 Exch 341; (1854) 156 ER 145 McDonald v Dennys Lascelles Ltd (1933) 48 CLR 457; [1933] HCA 25 Shepherd v Felt and Textiles of Australia Ltd (1931) 45 CLR 359; [1931] HCA 21 Category: Principal judgment Parties: Renbar Constructions Pty Limited (Plaintiff/Cross-Defendant) Mark Anthony Sader (First Defendant/Cross-Claimant) Sandra Sader (Second Defendant) Representation: Counsel: M Klooster with F Clark (Plaintiff/Cross-Defendant) J Hyde (Defendants/Cross-Claimant)