Trusted Building Group Pty Ltd v Everitt [2024] NSWSC 1259

Supreme Court New South Wales

Medium Neutral Citation: Trusted Building Group Pty Ltd v Everitt [2024] NSWSC 1259 Hearing dates: 3 October 2024 Date of orders: 3 October 2024 Decision date: 03 October 2024 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Plaintiff's claim struck out; judgment for defendants on plaintiff's claim; judgment for cross-claimants on their cross-claim with damages assessment to be referred out Catchwords: BUILDING AND CONSTRUCTION – contract – damages – defects – where plaintiff builder and cross-claimant owners entered contract for construction of duplex – where plaintiff builder made claim for works and variations – where cross-claimant owners made cross-claim for defective works – where owners terminated building contract – where property with partly constructed duplex has been sold CIVIL PROCEDURE – summary disposal – judgment for cross-claimant owners – where plaintiff builder no longer legally represented – where plaintiff builder failed to comply with orders to serve evidence – where cross-claimant owners sought order striking out plaintiff builder's claim and judgment on their cross-claim Category: Principal judgment Parties: Trusted Building Group Pty Ltd (Plaintiff/Cross-Defendant) Raymond Earnest Everitt (First Defendant/Cross-Claimant) Christine Joy Everitt (Second Defendant/Cross-Claimant) Representation: Counsel: M Klooster (Defendants/Cross-Claimants)

Solicitors: Macdessi Lawyers Pty Ltd (Defendants/Cross-Claimants) File Number(s): 2023/346609