NSW Caselaw
New South Wales Supreme Court
CITATION : Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWSC 1302 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 2 and 3 September 2009
JUDGMENT DATE : 30 November 2009
JURISDICTION : Equity
JUDGMENT OF : White J
DECISION : Refer to paragraph 112 of judgment
CATCHWORDS : PROCEDURE – adoption of referee's report – principles applicable to adoption of report – whether referee made errors of law – construction of clause 10.14 of JCC-D 1994 when staged Practical Completion not being used – construction of schedule inconsistent with general conditions for payment of liquidated damages – whether proprietors who had not validly terminated contract could recover costs of rectifying defects where they prevented builder from making good defects in accordance with contractual procedures – where alleged works of rectification not done to contractual standard and record of alleged defects not kept – whether onus on builder to establish extent of betterment where works of alleged rectification were the result of proprietors' repudiation – no substantial damages for cost of rectification of proven defects established – referee's report substantially adopted
LEGISLATION CITED : Home Building Act 1989 (NSW)
CATEGORY : Principal judgment
Chocolate Factory Apartments Pty Ltd v Westpoint Finance Pty Ltd [2005] NSWSC 784 Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd [2007] HCA 61; (2007) 233 CLR 115 Turner Corporation Pty Ltd v Austotel Pty Ltd (1994) 13 BCL 378 Hughes v Dormley Pty Ltd [2001] WASC 83 Gilbert Ash (Northern) Ltd v Modern Engingeering (Bristol) Ltd [1974] AC 689 Stocznia Gdanska SA v Latvian Shipping Co [1998] 1 WLR 574 CASES CITED : Concut Pty Ltd v Worrell [2000] HCA 64; (2000) 75 ALJR 312 Vines v Djordjevitch (1955) 91 CLR 512 Bellgrove v Eldridge (1954) 90 CLR 613 Westpoint Management Ltd v Chocolate Factory Apartments Ltd [2007] NSWCA 253 Monroe Schneider Associates (Inc) v No. 1 Raberem Pty Ltd (1991) 33 FCR 1 Tyco Australia Pty Ltd v Optus Networks Pty Ltd [2004] NSWCA 333 Ruthol Pty Ltd v Tricon (Australia) Pty Ltd [2005] NSWCA 443; (2005) 12 BPR 23,923 Astley v Austrust Ltd [1999] HCA 6; (1999) 197 CLR 1
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