NSW Caselaw
New South Wales District Court
CITATION: Brice & Ors v Biruski [2010] NSWDC 267 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 27 May 2010, 13 September - 17 September 2010
JUDGMENT DATE: 26 November 2010
JURISDICTION: District Court - Civil
JUDGMENT OF: Sidis DCJ
DECISION: 1 The proceedings are adjourned to a date to be fixed to allow for calculation of the damages to be paid to the plaintiffs, and to deal with issues of costs and interest. 2 My reasons are published.
CATCHWORDS: BUILDING AND CONSTRUCTION - Extensive delays in completion of works - Assessment of damages - Cross claims for delay and valuations not supported by evidence - Extent of tortious liability
LEGISLATION CITED: Civil Liability Act 2002 Home Building Act 1989
Boucault Bay Co Ltd (in liquidation) v The Commonwealth (1927) 40 CLR 98 Cadoks Pty Ltd v Wallace Westley & Vigar Pty Ltd [2000] VSC 167 (10 May 2000) Day v O'Leary (1992) 57 SASR 206 CASES CITED: Falgat Constructions Pty Limited v Equity Australia Corporation Pty Limited [2006] NSWCA 259 (19 September 2006) Garraway Metal Pty Ltd v Comalco Aluminium Ltd 114 ALR 118 Hadley v Baxendale (1854) 9 Ex 341; 156 ER 145 Koufos v Czarnikow Ltd [1969] 1 AC 350 Piggot Foundations Ltd v Shephard Construction Ltd 67 BLR 48
James Patrick Brice (First Plaintiff and First Cross Defendant) PARTIES: Catherine Ann Brice (Second Plaintiff and Second Cross Defendant) Vlado Biruski (Defendant and Cross Claimant)
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