Walton v Illawarra [2011] NSWSC 1188

Supreme Court New South Wales

Medium Neutral Citation: Walton v Illawarra [2011] NSWSC 1188 Hearing dates: 22/08/2011, 23/08/2011, 24/08/2011, 25/08/2011 and 26/08/2011 Decision date: 13 October 2011 Before: McDougall J Decision: Plaintiff entitled to damages for breach of contract. Defendant entitled to damages for delay and rectification costs. Damages to be set off. Parties to bring in short minutes of order. Catchwords: BUILDING AND CONSTRUCTION - contract - interpretation of contract - nature of superintendent's task - whether contractor's entitlement to extensions of time and payments are limited to those so determined by superintendent - extent to which liability flowed to principal for superintendent's failure to adequately perform tasks - DAMAGES - quantification - damages for shortfall between entitlement and superintendent's valuation- - whether recovery constrained by contract - damages for delay in practical completion - whether loss too remote - entitlement to interest. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Industrial Relations Act 1996 (NSW) Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1987) 9 NSWLR 311 Atlantic Civil Pty Ltd v Water Administration Ministerial Corporation (1992) 39 NSWLR 468 Beaufort Developments (NI) Ltd v. Gilbert-Ash NI Ltd and Others [1999] 1 AC 266 Hawker Noyes Pty Ltd v New South Wales Egg Corporation (11 November 1988, unreported; BC 8801337) Northern Regional Health Authority v Derek Crouch Construction Co Ltd[1984] 1 QB 644 Victoria Laundry (Windsor) Ltd v Newman Industries Ltd [1949] 2 KB 528 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Walton Construction Pty Limited ACN 060 900 218 (Plaintiff) Illawarra Hotel Company Pty Limited (ACN 063 558 467) (Defendant) Representation: Counsel: M R Gracie / D A Neggo (Plaintiff) S R Donaldson SC / H M Durham / D A Moujalli (Defendant) Solicitors: Crisp Legal (Plaintiff) Norbert Lipton & Co (Defendant) File Number(s): 2008/290556