NSW Caselaw
New South Wales District Court
CITATION: Goodman v Zhao [2008] NSWDC 373
HEARING DATE(S): 13, 14, 15, 19, 20, 21, 22, 23, 26, 28, 29, 30 May, 2 June and 7 August 2008
JUDGMENT DATE: 1 October 2008
JURISDICTION: Civil jurisdiction
JUDGMENT OF: Johnstone DCJ
DECISION: 1. Verdict for the plaintiff for $157,847.30 plus interest to be agreed or assessed 2. Costs reserved
CATCHWORDS: CONSTRUCTION - competing contract documents - ascertaining the common contractual intention of the parties - allegations of defective work - statutory warranties - claim for liquidated damages for delay in completion of the works - cross-claim for works not paid for - quantum meruit
LEGISLATION CITED: Civil Procedure Act 2005: s 100 Home Building Act 1969: s 18B and s 18F
Brambles Holdings Limited v Bathurst City Council [2001] NSWCA 61 Gardiner v Agricultural and Rural Finance Pty Ltd [2007] NSWCA 235 at [11] – [13] Integrated Computer Services Pty Ltd v Digital Equipment Corp (Aust) Pty Ltd (1988) 5 BPR [97326]Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd [2008] NSWCA 5Liebe v Molloy (1906) 4 CLR 347 Lion Nathan Australia Pty Ltd v Coopers Brewery Limited (2006) 223 ALR 560 CASES CITED: Ormwave Pty Limited v Smith [2007] NSWCA 210 at [68] Pacific Carriers Ltd v BNP Paribas [2004] HCA 35 at [22] Peppers Hotel Management Pty Ltd v Hotel Capital Partners Ltd [2004] NSWCA 114 at [69] Source and Resources Pty Ltd v Porada [2007] NSWSC 883 at [27] The Commonwealth v Verwayen (1990) 170 CLR 394 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52 Update Constructions Pty Ltd v Rozelle Child Care Centre Ltd (1990) 20 NSWLR 251
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