Project 4301 Pty Ltd v Buildcarp Constructions Pty Ltd [2022] NSWCATCD 30

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Project 4301 Pty Ltd v Buildcarp Constructions Pty Ltd [2022] NSWCATCD 30 Hearing dates: 10 November 2022 Date of orders: 17 February 2022 Decision date: 17 February 2022 Jurisdiction: Consumer and Commercial Division Before: D Goldstein, Senior Member Decision: 1. Buildcarp Constructions Pty Ltd must pay Project 4301 Pty Ltd $55,158.00 immediately. 2. Buildcarp Constructions Pty Ltd must carry out the work referred to in [98] of the reasons within 8 weeks of the date of this order. 3. The parties are at liberty to apply for an extension of the time referred to in order 2, such application to be supported by brief submissions and appropriate evidence. 4. Project 4301 Pty Ltd has leave to renew these proceedings if order 2 is not complied with within the period specified. 5. In the event that a party wishes to bring a costs application, the costs application must be lodged in the Tribunal and served on the costs respondent within 14 days of the date of the orders in these proceedings either attaching or referring to the documents relied upon in support of the application. 6. The costs respondent will have 14 days after the date it receives the application to lodge in the Tribunal and serve on the costs applicant its submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon. 7. The parties must state in their submissions whether or not they consent to the costs application being determined on the basis of the parties written submissions and attached documents, if any, without the need for a hearing. 8. Subject to the parties' submissions, the Tribunal will determine any costs application on the basis of the papers lodged in the Tribunal. Catchwords: BUILDING and CONSTRUCTION – Parties to contract – Ostensible authority – Extension of time claims – Practical Completion - Notices – Compliance – Liquidated damages Legislation Cited: Home Building Act 1989 (NSW) Cases Cited: Dante De Grazia trading as All Sydney Building Services v Nicholas Solomon & Ors [2010] NSWSC 322 Harold R Finger & Co Pty Ltd v Karellas Investments Pty Ltd [2015] NSWSC 354 Junker v Hepburn [2010] NSWSC 88 Kapeller v BH Australia Constructions Pty Ltd [2019] NSWCATAP 40 Northside Developments Pty Ltd v Registrar-General [1990] HCA 32; (1990) 170 CLR 146 Torbey Investments Corporated Pty Ltd v Ferrara [2017] NSWCA 9 Texts Cited: Nil Category: Principal judgment Parties: Project 4301 Pty Ltd (Applicant) Buildcarp Constructions Pty Ltd (Respondent) Representation: Counsel: B. Ilkovski (Project 4301 Pty Ltd) M. Klooster (Buildcarp Constructions Pty Ltd)