NSW Caselaw
New South Wales Court of Appeal
CITATION : BUILT INTERIORS PTY LTD v THREE DINOSAURS PTY LTD & ANOR [2003] NSWCA 290 HEARING DATE(S) : 12, 13 August 2003 JUDGMENT DATE : 3 October 2003
JUDGMENT OF : Mason P at 1; Meagher JA at 82; Ipp JA at 83 DECISION : Appeal dismissed with costs.
CATCHWORDS : Building contracts - contractual and restitutionary claims for variations - contractual procedures for claiming variations not followed - work involved was part and parcel of contract work - Jones v Dunkel - architect not called or his absence explained at trial - witness was available to either party - fresh evidence sought to be tendered on appeal was available at trial and not likely to affect result of appeal - evidence rejected - implied term for acceleration costs not available on facts (ND) PARTIES : BUILT INTERIORS PTY LTD v THREE DINOSAURS PTY LTD & ANOR FILE NUMBER(S) : CA 41061/02 Appellant: D A Doyle (Sol) / J Cheung (Sol) / COUNSEL : M Michael (Sol) Respondent: E Olsson SOLICITORS : Appellant: The Builders' Lawyer Respondent: E H Tebbutt & Sons
LOWER COURT District Court JURISDICTION : LOWER COURT DC 8523/00 FILE NUMBER(S) : LOWER COURT Patten DCJ JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41061 of 2002 DC 8523 of 2000
MASON P MEAGHER JA IPP JA
Friday 3 October 2003
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate