NSW Caselaw
New South Wales Supreme Court
CITATION : DEMTECH v BRAMBLES [2004] NSWSC 242 HEARING DATE(S) : 22/3/04, 23/3/04, 24/3/04, 25/3/04, 26/3/04 JUDGMENT DATE : 26 March 2004
JUDGMENT OF : McDougall J at 1 DECISION : See paras [99] & [100] of judgment
CATCHWORDS : CONTRACT - subcontract - where demolition works not done in accordance with WorkCover permit but in accordance with unapproved work plan - where contaminated materials not properly removed from the work site - whether works done in contravention of Occupational Health and Safety Act 2000 and the Occupational Health and Safety Regulation 2001 - whether serious breach of subcontract - whether breach gave rise to contractual right to issue show cause notice - whether breach incapable of remedy - no issue of principle Occupational Health and Safety Regulation 2001 LEGISLATION CITED : Occupational Health and Safety Act 2000 Protection of the Environment Operations (Waste) Regulation 1996 CASES CITED : Yendex Pty Ltd v Prince Constructions Pty Ltd (1988) 5 BCL 74 PARTIES : Demtech Pty Limited (plaintiff/cross-defendant) Brambles Australia Limited (defendant/cross-claimant) FILE NUMBER(S) : SC 55057/02 Mr G Banks/Mr J Britton (litigants in person - directors of Demtech) COUNSEL : Mr B W Collins QC/Mr J I Parker (for Brambles) SOLICITORS : No solicitors on the record (for Demtech) Allens Arthur Robinson (for Brambles)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY AND CONSTRUCTION LIST
McDOUGALL J
26 March 2004 (Revised 30 March 2004)
55057/02 DEMTECH PTY LIMITED v BRAMBLES LIMITED JUDGMENT
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