NSW Caselaw
New South Wales District Court
CITATION: Dalexana Pty Limited v Mobaro Pty Limited [2009] NSWDC 338
HEARING DATE(S): 29 - 30 October 2009 EX TEMPORE JUDGMENT DATE : 5 November 2009
JURISDICTION: District Court - Civil
JUDGMENT OF: Sidis DCJ
DECISION: 1. The claim is dismissed. 2. The matter is stood over at 9:30am on 15 December 2009 to deal with the making of final orders, costs and the return of exhibits.
CATCHWORDS: Building contract - Construction of provisions relating to delay damages - Whether principal entitled to general damages - Period of delay - Mitigation - Period of damage
LEGISLATION CITED: Fair Trading Act 1987
Baese Pty Limited v R A Bracken Building Pty Limited 1990 6 BCL 137 C S Phillips Pty Limited & Anor v Balderstone Hornibrook Pty Limited BC 9403175 Coulter v Rampling [2005] NSWSC 1147 CASES CITED: Décor Ceilings Pty Limited v Cox Constructions Pty Limited [2005] SASC 483 Gilbert-Ash (Northern) Limited v Modern Engineering (Bristol) Limited [1974] AC 689 Pacific Carriers Limited v BNP Paribas (2004) 218 CLR 451 Silent Vector Pty Limited v Squarcini [2008] WASC 246 Temloc v Errol Properties Limited 39 BLR 30
PARTIES: Dalexana Pty Limited (Plaintiff) Mobaro Pty Limited Trading As Jones Homes (Defendant)
FILE NUMBER(S): 338/08
COUNSEL: G Giagios (For the Plaintiff) P Cummings (For the Defendant)
SOLICITORS: Gary Cassim & Associates (For the Plaintiff) Fatches Jones Lawyers (For the Defendant)
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