C & V Engineering Pty Ltd v Metropolitan Demolitions Pty Ltd [2022] NSWDC 154

District Court New South Wales

Medium Neutral Citation: C & V Engineering Pty Ltd v Metropolitan Demolitions Pty Ltd [2022] NSWDC 154 Hearing dates: 3, 4, 5 May 2022 Date of orders: 12 May 2022 Decision date: 12 May 2022 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 209 - 210 Catchwords: CONTRACT – arrangements between contractor and sub-contractor for supply of steel for development of three buildings – informal dealings - whether, in relation to one building, the parties agreed that the sub-contractor would supply and fabricate steel or only supply steel – what was the basis for labour and other charges in works for two buildings – whether the term was express or whether there was an implied term that the labour charges be reasonable – whether implied term that costs be properly incurred Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Civil Procedure Act 2005 (NSW) s 100 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd (2022) 96 ALJR 89; [2022] HCA 1 Equuscorp Pty Ltd v Glengallan Investments Pty Ltd (2004) 218 CLR 471 Gagner Pty Ltd t/as Indochine Café v Canturi Corp Pty Ltd [2009] NSWCA 413 Masterton Homes Pty Ltd v Palm Assets (2009) 261 ALR 382 Meehan v Jones (1982) 149 CLR 571 OneSteel Manufacturing Pty Ltd v United King KG Pty Ltd (2006) 94 SASR 376 Perri v Coolangatta Investments Pty Ltd (1982) 149 CLR 537 Texts Cited: J D Heydon, Heydon on Contract: The General Part (Lawbook Co 2019) Lewison & Hughes, The Interpretation of Contracts in Australia (Lawbook Co, 2012) N C Seddon & R A Bigwood, Cheshire and Fifoot Law of Contract (11th Australian ed) (Lexis Nexis) Category: Principal judgment Parties: C&V Engineering Services Pty Ltd (plaintiff) Metropolitan Demolitions Pty Limited (defendant) Representation: Counsel: Mr D Weinberger for the plaintiff Mr M Sheldon for the defendant