Cordon Investments Pty Ltd v Lesdor Properties Pty Ltd [2012] NSWCA 184

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Cordon Investments Pty Ltd v Lesdor Properties Pty Ltd [2012] NSWCA 184 Hearing dates: 1 & 2 February 2012 Decision date: 21 June 2012 Before: Bathurst CJ at [1]; Macfarlan JA at [233]; Meagher JA at [234] Decision: 1. Appeal dismissed with costs. 2. Cross-appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CONTRACTS - building and construction - clause requiring execution of strata plan - construction - whether obligation arose only on completion of works - meaning of 'completion' - whether requiring only 'practical completion'

CONTRACTS - building and construction - entire contract - whether doctrine of substantial performance applicable -whether obligations substantially performed

PRACTICE AND PROCEDURE - references - adoption of referee's report - whether referee erred in construction of contract

CONTRACTS - waiver - forbearance abandonment and election - whether taking possession of incomplete building works constituted waiver of right to completion

CONTRACTS - construction - implied obligation of good faith - content of obligation - whether obligation capable of altering express contractual terms - whether breach of obligation.