Canterbury-Bankstown Council v Payce Communities Pty Ltd [2022] NSWCA 74

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Canterbury-Bankstown Council v Payce Communities Pty Ltd [2022] NSWCA 74 Hearing dates: 7 December 2021 Date of orders: 19 May 2022 Decision date: 19 May 2022 Before: Meagher JA at [1]; White JA at [2]; Brereton JA at [173] Decision: (1) Appeal allowed in part. (2) Vary declaration (1) made on 18 May 2021 by substituting for the figure $1,068,304.75 the figure $1,020,601.46, and substituting for the figure of $255,728.99 in order (2) the figure of $303,432.28. (3) Otherwise dismiss the appeal. (4) Dismiss the cross-appeal. (5) Order that the appellant pay 80% of the respondent's costs of the appeal and cross-appeal. Catchwords: BUILDING AND CONSTRUCTION – contract – whether claimed variations within contractual scope of work – builder's margin – GST – no question of principle Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW), s 32(3)(b) Disability Discrimination Act 1992 (Cth), s 23 Cases Cited: Dr Shanahan v Jatese Pty Ltd [2019] NSWCA 113 Category: Principal judgment Parties: Canterbury-Bankstown Council (Appellant/Cross-Respondent) Payce Communities Pty Ltd (Respondent/Cross-Appellant) Representation: Counsel: M Ashhurst SC with M T Keene (Appellant/Cross-Respondent) D Miller SC with M Sheldon (Respondent/Cross-Appellant)

Solicitors: Marsdens Law Group (Appellant/Cross-Respondent) Vincent Young (Respondent/Cross-Appellant) File Number(s): 2021/167145 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division Citation: [2021] NSWSC 331; [2021] NSWSC 558; [2021] NSWSC 710 Date of Decision: 6 April 2021; 18 May 2021; 17 June 2021 Before: Stevenson J File Number(s): 2019/133490