NSW Caselaw
New South Wales Supreme Court
CITATION : 2144 Broke Road v ACN 062 859 358 [2010] NSWSC 489
HEARING DATE(S) : 17 May 2010 JURISDICTION : Equity Division Technology & Construction List
JUDGMENT OF : McDougall J at 1
EX TEMPORE JUDGMENT DATE : 17 May 2010
DECISION : Judgment for the plaintiffs.
CATCHWORDS : BUILDING AND CONSTRUCTION CONTRACTS – assignment of cause of action – breach of express and implied warranties – DAMAGES – cost of rectification – costs incurred in relocating activities – damages representing loss of opportunity – calculation of prejudgment interest on amounts spent on rectification works and relocation costs – CORPORATIONS – leave to proceed against company in liquidation – PROCEDURE – costs – Calderbank offer and reasonable time for acceptance.
LEGISLATION CITED : Corporations Act 2001 (Cth)
CATEGORY : Principal judgment
CASES CITED : Hadley v Baxendale (1854) 9 Exch 341 Rickard Constructions v Rickard Hails Moretti [2004] NSWSC 1041
2144 Broke Road Pty Ltd (First Plaintiff) PARTIES : Roche Group Pty Ltd (Second Plaintiff) Australian Vintage Ltd (Third Plaintiff) ACN 062 859 358 Pty Limited (Previously Austec Panel Systems Australia Pty Limited) (Defendant)
FILE NUMBER(S) : SC 2008/290638
COUNSEL : S Robertson (Plaintiffs)
SOLICITORS : Clayton Utz (Plaintiffs)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY & CONSTRUCTION LIST
McDOUGALL J
17 May 2010 (ex tempore – revised 17 May 2010)
2008/290638 2144 BROKE ROAD v ACN 062 859 358 (PREVIOUSLY AUSTEC PANEL SYSTEMS AUSTRALIA PTY LIMITED) JUDGMENT
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