Neville’s Bus Service Pty Ltd v Total Group Constructions Pty Ltd [2024] NSWSC 215

Supreme Court New South Wales

Medium Neutral Citation: Neville's Bus Service Pty Ltd v Total Group Constructions Pty Ltd [2024] NSWSC 215 Hearing dates: 29 and 30 January; 20 to 22 February 2024 Decision date: 08 March 2024 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: (1) Direct that by 22 March 2024 the parties provide to my Associate short minutes of order which give effect to these reasons for judgment and which deal with the question of costs, if costs can be agreed; (2) Direct that if the parties cannot agree on the terms of the short minutes of order, each party by 28 March 2024 serve and provide to my Associate a form of orders that that party seeks and an outline of written submissions not exceeding 3 pages in support of those orders; (3) Stand the matter over to 5 April 2024 or such other date as is agreed with my Associate. Catchwords: BUILDING AND CONSTRUCTION — Contract — Damages — Defects — Concrete slab not constructed in accordance with specifications BUILDING AND CONSTRUCTION — Contract — Dispute Resolution — Experts and expert evidence — Where experts disagree on extent and quantum of damages CONTRACTS — Remedies — Damages — Loss or damage — Where defects are agreed but extent of damage and rectification are not CONTRACTS — Remedies — Damages — Loss or damage — Whether to deduct settlement figure of another defendant from judgment sum Legislation Cited: Australian Consumer Law Building and Construction Industry Long Service Payments Act 1986 (NSW) Building and Construction Industry Long Service Payments Regulation 2022 (NSW) Civil Procedure Act 2005 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Local Government Act 1993 (NSW) Cases Cited: Armory v Delamirie (1722) 1 Stra 505; 93 ER 664 BCI Finances Pty Ltd (In Liq) v Binetter (No 4) [2016] FCA 1351; (2016) 348 ALR 227 Bellgrove v Eldridge (1954) 90 CLR 613 Owners SP 92450 v JKN Para 1 Pty Limited [2023] NSWCA 114 Blatch v Archer (1774) 1 Cowp 63; 98 ER 969 Brewarrina Shire Council v Beckhaus Civil Pty Ltd [2006] NSWCA 361 Gerard Cassegrain & Co Pty Ltd v Cassegrain (2013) 87 NSWLR 284; [2013] NSWCA 453 Houghton v Immer (No 155) (1997) 44 NSWLR 46 LJP Investments Pty Ltd v Howard Chia Investments Pty Ltd (No 3) (1990) 24 NSWLR 499 McCartney & Ors v Orica Investments Pty Ltd & Ors [2011] NSWCA 337 Tabcorp Holdings Ltd v Bowen Investments Pty Ltd (2009) 236 CLR 272 Westpoint Management Ltd v Chocolate Factory Apartments Ltd; Chocolate Factory Apartments v Westpoint Finance & Ors [2007] NSWCA 253 Texts Cited: Rawlinson's Australian Construction Handbook (Rawlhouse Publishing, 24th ed, 2024) Category: Principal judgment Parties: Neville's Bus Service Pty Ltd (Plaintiff) Total Group Constructions Pty Ltd (First Defendant) Jay Roberto Squillacioti (Second Defendant) Ronisch Pty Ltd (Third Defendant) Lisa May Squillacioti (Fourth Defendant) MSL Consulting Pty Ltd (Fifth Defendant) Representation: Counsel: NJ Kidd SC with J Adamopoulos (Plaintiff) DP O'Connor with C Langford (Defendants)