STPG Constructions Pty Ltd v Multibuild Constructions Pty Ltd [2024] NSWDC 220

District Court New South Wales

Medium Neutral Citation: STPG Constructions Pty Ltd v Multibuild Constructions Pty Ltd [2024] NSWDC 220 Hearing dates: 5 June 2024, 6 June 2024 Date of orders: 14 June 2024 Decision date: 14 June 2024 Jurisdiction: Civil Before: Newlinds SC DCJ Decision: (1) Judgment for the Plaintiff against the First Defendant in the sum of $982,636, together with interest at the Court rates to be agreed or determined. (2) Dismiss the claim against the Second Defendant. (3) Direct the parties to seek to agree as to interest and costs. (4) The matter be listed for directions at 9:30am on Friday 21 June 2024, where final orders will be made and, if necessary, submissions received as to interest and costs. Catchwords: Contracts – Breach – Repudiation – Termination – Damages for loss of bargain Australian Consumer Law – Misleading or deceptive conduct – Reliance – Damages – Section 75B accessorial liability of sole director of corporation Legislation Cited: Australian Consumer Laws; s 18 Competition and Consumer Act 2010 (Cth); s 75B Cases Cited: Care A2 Plus Pty Ltd v Pichardo [2024] NSWCA 35 Council of the City of Sydney v Goldspar Australia Pty Ltd (2006) 230 ALR 437 Foran v Wight [1989] 168 CLR 385 JR Consulting & Drafting Pty Ltd v Cummings [2006] FCAFC 20 Laurinda Pty Ltd v Capalaba Park Shopping Centre Pty Ltd (1989) 166 CLR 623 Mertens v Home Freeholds Co [1921] 2 KB 526 Rawson v Hobbs (1961) 107 CLR 466 Stevenson v Hook (1956) 73 WN (NSW) 307 The Corporation of the City of Adelaide v Jennings Industries Ltd (1985) 156 CLR 274 Ventura v Svirac [1961] WAR 63 Yorke v Lucas (1985) 158 CLR 661 Texts Cited: Carter's Breach of Contract (2nd Ed) Category: Principal judgment Parties: STPG Constructions Pty Ltd (Plaintiff) Multibuild Constructions Pty Ltd (First Defendant) Samear Machlouche (Second Defendant) Representation: Counsel: Mr D Edney (Plaintiff) Mr D Allen (Defendants)