Rahme Civil Pty Ltd v Zeater & Sons Pty Ltd [2010] NSWDC 161

New South Wales District Court

CITATION: Rahme Civil Pty Ltd v Zeater & Sons Pty Ltd [2010] NSWDC 161

HEARING DATE(S): 17 - 21 May and 24 June 2010

JUDGMENT DATE: 6 August 2010

JURISDICTION: Civil

JUDGMENT OF: Hungerford ADCJ

(1) Verdict for the plaintiff against the defendant on the claim in the amount of $31,662.45. DECISION: (2) Verdict for the defendant/cross-claimant against the plaintiff/cross-defendant on the cross-claim in the amount of $10,000.00. (3) Judgment for the plaintiff/cross-defendant against the defendant/cross claimant in the proceedings by way of a set-off of the respective verdicts in the amount of $21,662.45. (4) Defendant/cross-claimant to pay 50% of the plaintiff's/cross/defendant's costs of the proceedings on the ordinary basis in an amount as agreed or assessed.

CATCHWORDS: BUILDING CONTRACTS - Construction contract for residential units - Demolition/excavation work - Damage to building by contractor's truck - Negligence of truck driver - Payment claims - Multiple payment claims - Need for a payment schedule to dispute claim - Statutory debt - Unlicensed contractor - Whether contract enforceable - Quantum meruit - Status of contractor's unpaid progress claims - Cross-claim by builder - Cost of rectification work to building - Whether damage to building caused by truck incident - Whether additional work causally related to truck incident - Set-off of separate verdicts - Costs

Builders Licensing Act 1971, s 45 Building and Construction Industry Security of Payment Act 1999, ss 3(3)(c), 8, 11(1), 13, 14, 15(2), 17(1), 17(2), 32 and Div 1 of Pt 3 LEGISLATION CITED: Civil Procedure Act 2005, s 90(2) Home Building Act 1989, ss 4(1) and 10(1) Occupational Health and Safety (Demolition Licensing) Regulation 2001