CONCRETE CONSTRUCTIONS GROUP v LITEVALE PTY LTD & ORS (NO 2) [2003] NSWSC 411

New South Wales Supreme Court

CITATION : CONCRETE CONSTRUCTIONS GROUP v LITEVALE PTY LTD & ORS (NO 2) [2003] NSWSC 411 HEARING DATE(S) : 10 December 2002 JUDGMENT DATE : 21 May 2003

JUDGMENT OF : Mason P at 1 DECISION : See [76]

CATCHWORDS : RESTITUTION - whether Defendant developer was unjustly enriched - "free acceptance" - where Plaintiff's services were neither volunteered nor provided "officiously" - whether Defendants, as reasonable persons, would have realised that the Plaintiff expected to be paid - Referee's conclusion supported by chain of correspondence - CONTRACT - Responsibility for payment to third party power supplier - Plaintiff's obligations under Design and Construction Contract-where Defendant purported to make payment on behalf of Plaintiff - whether Defendant was entitled to deduct that amount from its total payment to Plaintiff - PROCEDURAL FAIRNESS - whether unjust to now allow Defendants to raise claim - where matter already addressed by Plaintiff before Referee and ruled upon in Defendant's favour - mathematical oversight of Referee PARTIES : CONCRETE CONSTRUCTIONS GROUP v LITEVALE PTY LTD & ORS FILE NUMBER(S) : SC 055058/1997 COUNSEL : Plaintiff: R W Hunt Defendant: F Corsaro SC SOLICITORS : Plaintiff: Corrs Chambers Westgarth Defendant: Deacons

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY & CONSTRUCTION LIST

MASON P

Wednesday 21 May 2003

SC 055058/97 CONCRETE CONSTRUCTIONS GROUP v LITEVALE PTY LTD & ORS (No 2)

JUDGMENT 1 MASON P: Most issues in these proceedings were addressed in my earlier reasons for judgment (Concrete Constructions Group v Litevale Pty Ltd & Ors [2002] NSWSC 670 ((2002) 170 FLR 290; (2002) ATPR (Digest) 46-224), the "main judgment"). 2 The parties have filed additional submissions in support of their remaining contentions. These are: