NSW Caselaw
New South Wales Supreme Court
CITATION : Leighton Contractors Pty Limited v Belmont 16ft Sailing Club Limited [2008] NSWSC 723 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 2 July 2008 JUDGMENT OF : Hammerschlag J
EX TEMPORE JUDGMENT DATE : 2 July 2008
DECISION : Application for stay of arbitration refused. Plaintiff to pay defendant's costs of the proceedings.
CATCHWORDS : CONTRACT – arbitration provision in building contract – construction - whether claims in tort and under Trade Practices Legislation covered by submission to arbitration
LEGISLATION CITED : Trade Practices Act 1974 (Cth)
IBM Australia Ltd v National Distribution Services Ltd (1991) 22 NSWLR 466 CASES CITED : Francis Travel Marketing Pty Ltd v Virgin Atlantic Airways Ltd (1996) 39 NSWLR 160 Hide & Skin Trading v Oceanic Meat Traders Ltd (1990) 20 NSWLR 310
PARTIES : Leighton Contractors Pty Limited (ACN 000 893 667) Belmont 16ft Sailing Club Limited (ACN 001 020 471)
FILE NUMBER(S) : SC 55018/2008
COUNSEL : M. Orlov (Plaintiff) I.D. Faulkner SC (Defendant)
SOLICITORS : J. Morton (In-house) (Plaintiff) P. Hines (Defendant)
- 10 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY & CONSTRUCTION LIST
HAMMERSCHLAG J
2 JULY 2008
55018/2008 LEIGHTON CONTRACTORS PTY LTD –V- BELMONT 16FT SAILING CLUB LTD EX TEMPORE JUDGMENT 1 HIS HONOUR: The plaintiff building company ("the Contractor") and the defendant sailing club ("the Principal") entered into a building contract on 29 October 1991 ("the contract") under which the contractor was to design and construct alterations and additions to the Principal's club house on the shores of Lake Macquarie at Belmont in the State of New South Wales. 2 The contract was in the terms of a form produced by the Master Builders Association of New South Wales known as "Decon 1 May 1988", together with some Special Conditions. 3 The works reached practical completion, and notice of that fact was given, on 20 December 1991. 4 Clause 40 provided for a Defects Liability period of 26 weeks from practical completion. That period expired on 19 June 1992.
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