Benjamin & Benjamin v Geneville Constructions Pty Ltd [2022] NSWSC 982

Supreme Court New South Wales

Medium Neutral Citation: Benjamin & Benjamin v Geneville Constructions Pty Ltd [2022] NSWSC 982 Hearing dates: 31 March 2022 Date of orders: 27 July 2022 Decision date: 27 July 2022 Jurisdiction: Common Law Before: Wilson J Decision: (1) The Summons filed on 16 August 2021 is dismissed. (2) The plaintiffs are to pay the first defendant's costs of these proceedings. Catchwords: APPEAL – appeal from Civil and Administrative Tribunal to Supreme Court – judicial review – home building – pre-contractual work – scope of contract compensation mechanism – interpretation and construction of clause 14.7 in contract – no jurisdictional error – no substantial miscarriage of justice – supervisory jurisdiction not exercised – summons dismissed – plaintiffs to pay defendant's cost of proceedings Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Benjamin v Geneville Constructions Pty Ltd; Geneville Constructions Pty Ltd v Benjamin [2021] NSWCATAP 138 Geneville Constructions Pty Ltd v Benjamin [2019] NSWCATCD Makowska v St George Community Housing Pty Ltd [2021] NSWSC 287 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Re Carey; Ex parte Exclude Holdings Pty Ltd (2006) 32 WAR 501; [2006] WASCA 219 Category: Procedural rulings Parties: Edmund Benjamin and Sarah Benjamin Geneville Constructions Pty Ltd Representation: Counsel: A Moutasallem (Plaintiff) M Newton (Defendant)