Conditionex Design & Construct Pty Ltd trading as Conditionex Mechanical Services v Nationwide Builders Pty Ltd (No 3) [2022] NSWDC 565

District Court New South Wales

Medium Neutral Citation: Conditionex Design & Construct Pty Ltd trading as Conditionex Mechanical Services v Nationwide Builders Pty Ltd (No 3) [2022] NSWDC 565 Hearing dates: 10 October 2022 Date of orders: 18 November 2022 Decision date: 18 November 2022 Jurisdiction: Civil Before: Judge Levy SC Decision: See paragraph [143] for orders Catchwords: BUILDING CONTRACTS – determination of disputed items in Scott Schedule concerning alleged defective building works – whether report by Referee appointed pursuant to UCPR r 20.14 concerning the defendant's cross-claim should be adopted Legislation Cited: Civil Procedure Act 2005 (NSW), s 14, s 56 Uniform Civil Procedure Rules 2005 (NSW), r 20.14, r 20.20(5), r 20.23 Cases Cited: Bellgrove v Eldridge [1954] HCA 6 Chocolate Factory Apartments v Westpoint Finance & Ors [2005] NSWSC 784 Commonwealth of Australia v Amman Aviation Pty Ltd [1991] HCA 54; (1991) 174 CLR 84 Conditionex Design & Construct Pty Ltd trading as Conditionex Mechanical Services v Nationwide Builders Pty Ltd [2022] NSWDC 166 Conditionex Design & Construct Pty Ltd trading as Conditionex Mechanical Services v Nationwide Builders Pty Ltd (No 2) [2022] NSWDC 320 In the Matter of Sunnyside Accountants [2022] NSWSC 1313 Category: Principal judgment Parties: Conditionex Design & Construct Pty Ltd trading as Conditionex Mechanical Services (Plaintiff/Cross-defendant) Nationwide Builders Pty Ltd (Defendant/Cross-claimant) Representation: Counsel: Mr S Philips, Solicitor (Plaintiff/Cross-defendant) Ms N Dewan (Defendant/Cross-claimant)