Yisheng Construction Pty Ltd v City Garden Australia Pty Ltd [2022] NSWSC 221

Supreme Court New South Wales

Medium Neutral Citation: Yisheng Construction Pty Ltd v City Garden Australia Pty Ltd [2022] NSWSC 221 Hearing dates: 21 to 24 and 28 February 2022 Decision date: 09 March 2022 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: (1) Refuse leave to the plaintiffs to file the amended summons and amended technology and construction list statement; (2) Proceedings dismissed; (3) The plaintiffs pay the first defendant's costs of the proceedings. Catchwords: CONTRACTS — Formation — Whether written and oral statements by or on behalf of the defendant developer to the plaintiff subcontractors amount to a contractual offer to pay their outstanding invoices and the cost of works required to complete the development ESTOPPEL — Promissory estoppel — detrimental reliance — Whether by making the alleged representations the defendant is estopped from denying and making payments in accordance with the plaintiffs' assumption that if the plaintiffs continued to do the building works they would be paid by the developer Cases Cited: BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95; [2002] HCA 8 Waltons Stores (Interstate) Limited v Maher (1988) 164 CLR 387 Category: Principal judgment Parties: Yisheng Construction Pty Ltd (First Plaintiff) Yisheng Air Con. Pty Ltd (Second Plaintiff) City Garden Australia Pty Ltd (First Defendant) Representation: Counsel: S Duggan with A Katsoulas (Plaintiffs) DR Pritchard SC with JC Lee (Defendants)