ET Constructions Pty Ltd v Brown [2006] NSWLC 24

Local Court of New South Wales

CITATION: ET Constructions Pty Ltd v Brown [2006] NSWLC 24 JURISDICTION: Civil PARTIES: ET Constructions Pty Ltd Peter Brown FILE NUMBER: 1538/05 PLACE OF HEARING: Downing Centre Local Court DATE OF DECISION: 04/24/2006 MAGISTRATE: Magistrate H Dillon CATCHWORDS: Building and engineering contracts - Interpretation of contract - Whether project manager overcharged client - Whether project manager breached contract by failing adequately to supervise project LEGISLATION CITED: CASES CITED: Toll ((FGCT) Pty Limited v Alphapharm Pty Limited (2004) 211 ALR 342 Neil O'Connor and Associates - Solicitors REPRESENTATION: Mr M E Luitingh - Counsel Staunton Beattie - Solicitors Mr E Peterson - Counsel ORDERS: In relation to the plaintiff's claim, verdict for the defendant Mr Brown and judgment accordingly.; In relation to the cross-claim, verdict for the cross-claimant Mr Brown in the sum of $28,790 and judgment accordingly.; In relation to costs, the orders proposed are that the costs follow the event in a sum to be agreed or assessed. Parties may have liberty to apply.

JUDGMENT 1. The parties in these proceedings, ET Constructions Pty Ltd ("ET") and Mr Peter Brown, entered a contract in August 2002 concerning the construction of a house for Mr Brown at 36 Bayview St, Tennyson. The plaintiff is a corporation providing building services and building project management services. Mr Brown is the owner of the property and was at all relevant times the owner-builder. It is common ground that the plaintiff provided certain services to the defendant and that a number of invoices issued by the plaintiff to Mr Brown remain unpaid. The balance claimed by the plaintiff in this respect is a sum of $22,173.68. The plaintiff also claims a sum of $35,667.01 being for a "termination payment" it asserts is outstanding.